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South Africa decisions
Decisions matching the current search
S v Dube (Leave to Appeal) (SS100/2022) [2023] ZAGPJHC 891 (2 August 2023)
The High Court dismissed leave to appeal against conviction and life sentence, finding no reasonable prospects of success on either ground.
Mene v S (CA154/2017) [2017] ZAECGHC 108 (11 October 2017)
The High Court dismissed an appeal against a 25-year effective sentence for robbery, firearm and ammunition offences, finding no material misdirection.
Lesolle and Another v S (A66/2017) [2017] ZAGPJHC 250 (8 September 2017)
The appeal court found that the trial court misdirected itself by over-emphasizing the absence of remorse, failing to properly consider the best interests of the second appellant's mentally disabled child, and not providing adequate reasons for rejecting correctional supervision as a sentencing option. The court held that the absence of remorse should not be treated as an aggravating factor, and that the trial court failed to conduct a proper enquiry into the impact of imprisonment on the second appellant's child. These misdirections entitled the appeal court to interfere with the sentence. C…
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Magwaza v S (AR 643/05) [2013] ZAKZPHC 45 (12 September 2013)
The trial court's reliance on the Criminal Law Amendment Act 105 of 1997 for sentencing without proper notice constituted a material misdirection, rendering the sentencing process substantively unfair. The appellate court was therefore at large to determine the sentences de novo, considering the crime, the offender, and the interests of society. The appellant was a first offender, relatively young, with prospects for rehabilitation. Although the crimes were serious and motivated by greed, they did not rank among the most egregious cases of murder. Accordingly, the sentences of life imprisonme…
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Mcoteli v S (89/2010) [2013] ZAECMHC 1 (17 January 2013)
The appellate court found that the trial judge's conduct during sentencing, including persistent cross-examination and angry, censorious pronouncements, constituted a misdirection of sufficient magnitude to vitiate the sentence imposed. The judge failed to properly consider mitigating factors such as the appellant's youth, status as a first offender, provocation, and remorse. The court held that substantial and compelling circumstances existed to justify a departure from the prescribed minimum sentence of life imprisonment. The appellant's cooperation, guilty plea, and assistance to the decea…
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Sithole v S (A996/2011) [2012] ZAGPPHC 227 (4 October 2012)
The High Court upheld an appeal against sentence and ordered forgery and fraud sentences to run concurrently, reducing the effective sentence to four years.
Johnson v S (A627/2011) [2012] ZAWCHC 286 (10 August 2012)
The High Court dismissed an appeal against sentence, finding no material misdirection by the magistrate and no basis to interfere with the term imposed.
S v Pillay (AR 115/10) [2012] ZAKZPHC 48 (8 August 2012)
High Court reduced a four-year sentence for one count of indecent assault to two years, finding the magistrate had sentenced on more incidents than charged.
Blose v S (AR 615/10) [2012] ZAKZPHC 14 (14 March 2012)
Appeal against sentence for attempted murder by a hired assassin; the High Court found sentencing misdirections but confirmed 20 years’ imprisonment.
Majola v S (A50/2007) [2009] ZAGPPHC 73 (21 May 2009)
High Court appeal against sentence dismissed. The court held that a mistaken reference to a prior conviction was not a material misdirection and upheld the prescribed sentences.
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