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Criminal Law [2023] ZAGPJHC 792

S v Mphahlele (SS 111/2021)

S v Mphahlele (SS 111/2021) [2023] ZAGPJHC 792 (14 July 2023)

The court found that, although the offence of murder is extremely serious and ordinarily attracts a minimum sentence of 15 years' imprisonment, substantial and compelling circumstances exist in this case to justify deviation. The accused is a young, emotionally immature primary caregiver who suffered psychological and emotional trauma, was subjected to abuse, and acted under extreme distress. The best interests of her minor children, who are now cared for by their maternal grandmother, must be weighed against the need for a fair and just sentence. The court determined that correctional superv…

  • Murder
  • Primary Caregiver Sentencing
  • Minimum Sentence Deviation
  • Best Interests Of Children
  • Correctional Supervision
  • Constitutional Rights Of Children
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