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South Africa decisions
Decisions matching the current search
M v S (A136/2017) [2017] ZAFSHC 199 (7 September 2017)
The High Court reduced a murder sentence from 13 to 9 years, finding the trial court failed to weigh all mitigating factors cumulatively.
Mohlabine and Others v S (A551/2015) [2016] ZAGPPHC 1243 (11 November 2016)
The High Court found the magistrate had not properly individualised sentence and replaced four 10-year prison terms with lesser, partly suspended sentences.
Shangase v S (AR207/2015) [2016] ZAKZPHC 16 (19 February 2016)
The High Court reduced an aggregate 46-year sentence for robbery, kidnapping and theft to an effective 20 years, finding the original sentence unduly severe.
Mokoena v S (A 246/2015) [2015] ZAGPPHC 965 (17 November 2015)
The court found that the trial court misdirected itself by overemphasising the seriousness of the offence and the interests of society, while underemphasising and overlooking the appellant's personal circumstances and mitigating factors. The cumulative effect of the mitigating factors—being a first offender, showing remorse, youth, employment, and family responsibilities—was not properly considered. The prescribed minimum sentence for a first offender is 15 years imprisonment, and the trial court's increase to 20 years was not justified by substantial and compelling circumstances. The sentenc…
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Mokoena v S (A 246/2015) [2015] ZAGPPHC 1117 (17 November 2015)
The High Court reduced a murder sentence from 20 to 15 years after finding the trial court overemphasized aggravation and undervalued mitigation.
Nkutha and Another v S (A745/2013) [2014] ZAGPPHC 150 (31 March 2014)
The High Court upheld an appeal against sentence for housebreaking and theft, finding the regional court overemphasized prior convictions and imposed a disproportionate term.
Motloung v S (A240/11) [2013] ZAFSHC 110 (30 May 2013)
The court found that the trial court erred by imposing a sentence of 30 years' imprisonment on a juvenile offender, exceeding the statutory maximum prescribed by section 77(4) of the Child Justice Act. The sentencing court failed to adequately balance the interests of society with the appellant's personal circumstances, prospects of rehabilitation, and the constitutional imperative to treat child offenders differently from adults. The sentence did not reflect mercy or compassion and left no prospect for rehabilitation, contrary to the objectives of the Child Justice Act and the Constitution.…
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Smith v S (S22/2010) [2011] ZAWCHC 142 (15 February 2011)
The High Court dismissed an application for leave to appeal against sentence, holding that the applicant’s personal circumstances did not justify departure from mandatory minimum sentences.
Kgalegi v S (CAF 8/10) [2010] ZANWHC 37 (2 December 2010)
Full Bench criminal appeal against sentence. The High Court found substantial and compelling circumstances, held the 35-year sentence was a misdirection, and reduced it to 12 years.
Ngakatau v S (CAF 02/2010) [2010] ZANWHC 29 (11 November 2010)
The High Court upheld an appeal against a 65-year sentence and substituted 25 years for murder and 10 years for housebreaking and robbery, to run concurrently.
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