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South Africa decisions
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Macdonald v S (SS001/2019) [2024] ZAGPJHC 1169 (12 November 2024)
The High Court refused leave to appeal against conviction and sentence, finding no reasonable prospects of success and no compelling reason to hear the appeal.
J.R.M v S (CA54.2020) [2024] ZANWHC 263 (21 October 2024)
The Regional Magistrate materially misdirected himself by imposing a sentence of life imprisonment for attempted rape, as section 55 of the Sexual Offences and Related Matters Amendment Act 32 of 2007 does not prescribe a minimum sentence for such an offence. The jurisdictional limit for imprisonment in the Regional Court is fifteen years. The appellate court, having found the misdirection, is entitled to impose sentence afresh. Considering the appellant's personal circumstances, previous conviction for rape, breach of trust, and the age of the complainant, a sentence of fifteen years impriso…
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Msiza v S (AA06/2023) [2024] ZALMPPHC 108 (3 September 2024)
The appeal court found that the trial court misdirected itself by sentencing the appellant for rape and robbery with aggravating circumstances on counts 1 and 2, despite convictions for sexual assault and theft. The appellant was a minor at the time of committing counts 1 to 3, and the trial court failed to apply the Child Justice Act, constituting a material irregularity. The complainant's age in count 3 was not proven, and the sentence of life imprisonment was unjustified. The evidence in count 6 did not support a conviction for robbery with aggravating circumstances, but rather for theft.…
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Z.S v S (AR308/2023) [2024] ZAKZPHC 53 (5 July 2024)
The appeal court found no misdirection in the magistrate's assessment of the evidence. The complainant was credible, and her version was not improbable given the family circumstances. The appellant's alternative version was not put to the complainant and lacked inherent probability. The trial court properly considered both aggravating and mitigating factors and correctly concluded that there were no substantial and compelling circumstances to justify deviation from the prescribed minimum sentence. The aggravating factors, including the complainant's age, the repeated nature of the offences, a…
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S v Mbatha (SS118/19) [2020] ZAGPJHC 343 (20 August 2020)
The court found that the accused's fingerprint on the broken window was fresh and consistent with the timing of the offence on 16 May 2019. The accused's explanation for the presence of his fingerprint was opportunistic and tailored to fit the evidence as it emerged. The accused's version was not reasonably possibly true and failed to create doubt. The court accepted the similar fact evidence, noting the accused previously broke into the same house through the same window and stole the same item, demonstrating a pattern of conduct. The totality of the circumstantial evidence, including the fi…
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Mokoena v S (A859/2013) [2020] ZAGPPHC 504 (25 June 2020)
The High Court partly upheld a sentence appeal, reducing the murder sentence after finding the appellant’s youth and intoxication were substantial and compelling factors.
Khoza v S (A359/2017) [2018] ZAGPPHC 846 (19 December 2018)
The High Court dismissed July Khoza’s appeal against a 24-year sentence for robbery with aggravating circumstances, finding no misdirection or basis for interference.
Nhlapo v S (A426/2016) [2017] ZAGPPHC 1035 (6 December 2017)
High Court appeal against sentence for robbery with aggravating circumstances and attempted murder dismissed; the court found no misdirection or substantial and compelling circumstances.
Lehihi v S (A508/2016) [2017] ZAGPPHC 686 (29 August 2017)
The court found that although the facts may have justified a sentence under section 51(1) of the Minimum Sentencing Act, the appellant was charged under section 51(2) and not properly informed that he faced life imprisonment. There was no application to amend the charge sheet before judgment or sentence. Following the Constitutional Court's decision in Ndlovu v The State, the Regional Court did not have jurisdiction to impose a life sentence in these circumstances. The conviction was upheld, but the sentence was set aside and substituted with fifteen years' imprisonment, antedated to the orig…
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Ludada v S (A258/2014) [2015] ZAFSHC 242 (3 December 2015)
The Full Bench dismissed an appeal against life imprisonment for murder, holding there were no substantial and compelling circumstances to depart from the prescribed sentence.
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