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South Africa decisions
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A.Z v S (Appeal) (A41/2025) [2025] ZAWCHC 340 (11 August 2025)
The High Court dismissed an appeal against life imprisonment for the murder of the appellant’s young cousin, holding there were no substantial and compelling circumstances.
Van Rooyen v S (A151/2020) [2025] ZAGPPHC 359 (22 April 2025)
The High Court partly upheld Werner van Rooyen’s sentence appeal, reducing count 1 and reworking concurrency because the aggregate sentence was too harsh.
S v J.J.L (Sentence) (KS19/24) [2025] ZANCHC 32 (10 April 2025)
The court sentenced a youthful first-time offender to concurrent prison terms for murder, premeditated murder, and assaults, finding substantial and compelling circumstances to depart from life imprisonment.
Ntshingila v S (A51/2024) [2024] ZAGPJHC 1269 (6 December 2024)
The High Court upheld an appeal against a six-month direct imprisonment sentence for common assault and substituted a R1500 fine or suspended imprisonment.
Sbenge v S (A315/2023) [2024] ZAGPPHC 1077 (21 October 2024)
The court found that the trial court exercised its sentencing discretion properly and judicially, considering both aggravating and mitigating factors. The aggravating circumstances, including the use of a firearm and knife, the firing of gunshots, and the absence of remorse, outweighed the mitigating factors such as the appellant's age, personal circumstances, and time spent in custody awaiting trial. The court held that no substantial and compelling reasons existed to justify deviation from the prescribed minimum sentence of 15 years' imprisonment for robbery with aggravating circumstances.…
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Halitile v S (Appeal) (CA&R88/2024) [2024] ZAECMKHC 110 (11 October 2024)
The appellate court found that the trial court did not misdirect itself in its assessment of the appellant's personal circumstances and the seriousness of the offence. The appellant's age and guilty plea were neutral factors and did not amount to substantial and compelling circumstances justifying a deviation from the prescribed minimum sentence of life imprisonment for rape. The aggravating circumstances, including the nature of the offence, the humiliation and trauma suffered by the complainant, and the lack of evidence of immaturity or genuine remorse, outweighed any mitigating factors. Th…
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Moima v S (A259/2023) [2024] ZAGPPHC 838 (27 August 2024)
The High Court dismissed a sentence appeal, holding the regional magistrate properly balanced the accused’s youth and first-offender status against the seriousness of attempted murder and assault.
S v Mokone (R23/2024) [2024] ZAFSHC 247 (21 August 2024)
The High Court confirmed a district magistrate’s conviction and held that a regional court referred the matter for sentencing may consider fresh mitigation and aggravation evidence.
S v Mongale (Sentence) (K/S4/2023) [2024] ZANCHC 67 (31 July 2024)
Sentence appeal not involved: the High Court imposed 12 months for assault and 18 years for murder, running concurrently with an existing 3-year sentence.
Malesa v S (A115/2021) [2024] ZAGPPHC 579 (21 June 2024)
The High Court dismissed an appeal against life imprisonment for raping a 12-year-old girl, finding no substantial and compelling circumstances.
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