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South Africa decisions
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Modiboa v S (Appeal) (CA30/2024) [2025] ZANWHC 127 (25 July 2025)
The High Court granted condonation but dismissed a sentence appeal, confirming a 25-year murder sentence after finding no material misdirection.
S v D.F (Sentence) (KS23/23) [2025] ZANCHC 58 (25 July 2025)
The High Court sentenced an accused, convicted under the statutory voluntary-intoxication offence, to an effective five years' imprisonment for assault, kidnapping, murder and property damage.
S v Dyabana and Others (Sentence) (CC64A/2024) [2025] ZAECELLC 14 (2 July 2025)
The court found that the offences were violent, planned, and executed with disregard for the victims' rights and well-being. The accused showed no remorse and the impact on victims and the community was severe, including loss of life, limb, and significant financial loss. While the accused had no previous convictions and were relatively young, these factors did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentences for robbery with aggravating circumstances and attempted murder. The court applied the triad approach, balancing the seri…
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V.N and Another v S (Appeal) (A21/2025) [2025] ZAWCHC 265 (23 June 2025)
Appeal court partly upheld an appeal from rape, robbery and housebreaking convictions, reducing some convictions to theft and robbery without aggravating circumstances.
S v N.M (Sentence) (CC03/2025) [2025] ZAECMHC 59 (20 June 2025)
Sentencing judgment for murder and housebreaking. The court found substantial and compelling circumstances and imposed 8 years plus two 15-year terms, with concurrency.
S v Hofmeester and Another (Sentence) (CC25/2020) [2025] ZAWCHC 278 (17 June 2025)
The court found that the murder of the five-year-old victim was senseless, brutal, and committed in furtherance of a common purpose by gang-affiliated accused using unlicensed firearms. The accused did not demonstrate genuine remorse, continued to mislead the court, and failed to accept responsibility. Their personal circumstances, including pre-sentence detention, did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentence of life imprisonment. The interests of society, the severity of the offences, and the devastating impact on the vi…
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Mathuthu and Other v S (A56/2024) [2025] ZAGPJHC 600 (13 June 2025)
The High Court upheld a sentence appeal, setting aside unclear regional court sentencing orders and replacing them with concurrent sentences effective from 5 October 2016.
Kock v S (KS 18/2024) [2025] ZANCHC 55 (13 June 2025)
The High Court granted condonation and leave to appeal against life sentences for murder and related assault charges, finding reasonable prospects of success.
Kamati v S (A132/2024) [2025] ZAFSHC 171 (12 June 2025)
The court found that the murder was committed in a particularly cruel and premeditated manner by the appellant and his co-accused. The appellant's personal circumstances, including his age, status as a first offender, parental responsibilities, employment, and cooperation with authorities, did not constitute substantial and compelling circumstances justifying deviation from the prescribed minimum sentence. The aggravating features of the offence far outweighed any mitigating factors. The sentencing court's decision to impose life imprisonment was correct and cannot be faulted.
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Skhosana v S (Appeal) (A347/2023) [2025] ZAGPPHC 635 (10 June 2025)
The High Court dismissed most of the appellant’s criminal appeal, upheld the setting aside of sexual assault convictions for duplication, and confirmed life sentences for rape.
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