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South Africa decisions
Decisions matching the current search
Brouw v S (K/S 4/2016) [2022] ZANCHC 65 (28 October 2022)
The High Court granted condonation for a late leave-to-appeal application, but dismissed leave to appeal against a life sentence for premeditated murder.
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…
Source excerpt
S v Sindane and Another (672/91) [1992] ZASCA 103 (29 May 1992)
The court remitted the first appellant’s death sentence for psychiatric observation, but confirmed the second appellant’s death sentence as the only proper sentence.
S v Malatjie (601/91) [1992] ZASCA 86 (25 May 1992)
The court dismissed the appeal and confirmed the death sentence, holding that the murder and robbery were planned, deliberate, and overwhelmingly aggravated.
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