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South Africa Case Law

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Criminal Law [2024] ZANCHC 74

Kaotsane v S (CA & R 25/2023)

Kaotsane v S (CA & R 25/2023) [2024] ZANCHC 74 (28 June 2024)

The High Court upheld Steven Kaotsane’s rape conviction but reduced his sentence from life imprisonment to 25 years after finding mitigating factors justified deviation.

  • Rape
  • Consent
  • Single Witness Rule
  • Minimum Sentencing
  • Mitigation Of Sentence
  • Credibility Assessment
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Criminal Law [2020] ZAGPPHC 568

Zwane v S (A10/2020)

Zwane v S (A10/2020) [2020] ZAGPPHC 568 (1 September 2020)

The High Court upheld an appeal against sentence, finding that the trial court failed to properly weigh mitigation and imposed a disproportionate minimum sentence.

  • Sentencing Principles
  • Minimum Sentences
  • Substantial And Compelling Circumstances
  • Mitigation Of Sentence
  • Criminal-sentencing
  • Minimum-sentences
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Criminal Law [2019] ZAECGHC 37

S v Falo (CC13/2019)

S v Falo (CC13/2019) [2019] ZAECGHC 37 (27 March 2019)

Sentencing judgment for four rape convictions. The High Court imposed life imprisonment on counts 1 to 3 and 20 years on count 4 after rejecting substantial and compelling circumstances.

  • Rape
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Aggravating Factors
  • Mitigation
  • Recidivism
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Criminal Law [2016] ZAGPPHC 121

Venter v S (A686/15)

Venter v S (A686/15) [2016] ZAGPPHC 121 (29 March 2016)

The High Court upheld an appeal against sentence for housebreaking and theft, reducing five years’ direct imprisonment to two years with part suspended.

  • Sentencing
  • Housebreaking
  • Theft
  • Concurrent Sentences
  • Mitigation Of Sentence
  • Criminal-sentencing
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Criminal Law [2015] ZAFSHC 240

Dunjane v S (A33/2015)

Dunjane v S (A33/2015) [2015] ZAFSHC 240 (24 November 2015)

High Court appeal against sentence for fraud. The court found misdirections in the trial court’s approach and substituted 30 months’ imprisonment under section 276(1)(i).

  • Fraud
  • Sentencing Principles
  • Correctional Supervision
  • Mitigating Factors
  • Premeditation
  • Appeal Against Sentence
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Criminal Law [2013] ZAGPPHC 215

Sigasa v S (A908/2012)

Sigasa v S (A908/2012) [2013] ZAGPPHC 215 (25 July 2013)

The High Court upheld an appeal against sentence for housebreaking, finding 8 years' imprisonment too harsh and substituting a 3-year wholly suspended term.

  • Sentencing Principles
  • Mitigating Factors
  • House Breaking
  • Suspended Sentence
  • Criminal-sentencing
  • Sentence-appeals
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Criminal Law [2011] ZAGPJHC 221

Preston and Another v S (A68/2011)

Preston and Another v S (A68/2011) [2011] ZAGPJHC 221 (20 October 2011)

High Court appeal in a fraud matter where the appellants challenged sentence. The court found misdirection and reduced both prison terms.

  • Fraud
  • Sentencing Principles
  • Misdirection In Sentencing
  • Remorse
  • Mitigation Of Sentence
  • Sentencing
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Criminal Law [2007] ZAFSHC 75

S v Mokoena (33/2006)

S v Mokoena (33/2006) [2007] ZAFSHC 75 (1 February 2007)

High Court review of a sentence for dagga possession. The conviction was confirmed, but the sentence was reduced because the original penalty was too harsh.

  • Drug Possession
  • Sentencing
  • Mitigation Of Sentence
  • Criminal-law
  • Drug-possession
  • Sentence-review
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Criminal Law [2001] ZANWHC 2

S v Mahlangu (12/2001)

S v Mahlangu (12/2001) [2001] ZANWHC 2 (25 January 2001)

High Court review confirmed the conviction for housebreaking and theft, but found the magistrate’s sentence unduly harsh and substituted a lesser, partly suspended sentence.

  • Housebreaking With Intent To Steal
  • Theft
  • Sentencing Principles
  • Mitigation Of Sentence
  • Housebreaking-with-intent-to-steal
  • Sentencing-principles
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Criminal Law [1987] ZASCA 124

S v Louw (134/87)

S v Louw (134/87) [1987] ZASCA 124 (1 November 1987)

A criminal appeal against sentence for repeated theft from bank clients failed. The court upheld a five-year sentence, finding the supposed mitigation unpersuasive.

  • Theft
  • Sentencing
  • Mitigating Factors
  • Psychological Evidence
  • Criminal-law
  • Mitigation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.