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South Africa decisions
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Rule v S (Appeal) (A169/2023) [2025] ZAGPPHC 410 (25 April 2025)
The High Court upheld an appeal against sentence for theft, finding the trial court overemphasized the offence and underweighted mitigation, and substituted a lower concurrent term.
S v Seyisi (Sentence) (CC27/2024) [2024] ZAECMKHC 142 (18 November 2024)
After conviction for murder and attempted murder, the High Court held there were no substantial and compelling circumstances to avoid prescribed life imprisonment.
Zixelele and Another v S (A01/2024) [2024] ZAWCHC 312 (15 October 2024)
The court found that the regional magistrate had properly informed the appellants of the applicability of the Criminal Law Amendment Act and had afforded their legal representatives an opportunity to address the possibility of increasing the prescribed minimum sentences. The evidence relating to mitigation and aggravation of sentence was available and considered. The offences were extremely serious, involving violence, the use of weapons, and significant trauma to the complainants. The court held that the seriousness of the crimes outweighed the appellants' personal circumstances, which shoul…
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Fortuin and Another v S (A17/2024) [2024] ZAWCHC 244 (5 September 2024)
The High Court dismissed an appeal against rape convictions and life sentences, finding the complainant competent, the medical evidence sufficient, and no basis to depart from minimum sentencing.
S v J.N (CC04/2024) [2024] ZAMPMBHC 60 (3 September 2024)
Sentencing judgment for domestic-violence-related murder. The High Court found no substantial and compelling circumstances and imposed life imprisonment.
Davids v S (A 56 / 2024) [2024] ZAWCHC 225; 2025 (1) SACR 650 (WCC) (28 August 2024)
The High Court set aside an assault conviction for lack of proof beyond reasonable doubt and reduced a kidnapping sentence to 12 months, mostly suspended.
L.N v S (CA&R: 22/2024) [2024] ZAECMKHC 85 (12 August 2024)
Appeal against sentence for assault with intent to do grievous bodily harm dismissed; 18 months’ direct imprisonment was confirmed.
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.
S v Masilela (CC64/2023) [2024] ZAGPPHC 1041 (25 May 2024)
The court found that the accused's conduct did not amount to premeditated murder under section 51(1) of the Criminal Law Amendment Act, as premeditation was not proven. The accused was convicted under section 51(2), which prescribes a minimum sentence of 15 years imprisonment for a first offender. In considering sentence, the court evaluated the accused's personal circumstances, including her history of drug abuse, mental health issues, traumatic experiences, emotional instability, and time spent in custody. The court determined that these cumulative factors constituted substantial and compel…
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Bukari v S (A127/2023) [2024] ZAGPJHC 447 (9 May 2024)
The appeal court found that the trial court failed to perform a comparative assessment of similar cases and did not adequately consider the mitigating factors presented by the appellant. While the offences were serious and involved substantial financial loss to SARS, the appellant was a first offender, pleaded guilty, and offered to make restitution. The court distinguished the present case from others involving greater pecuniary loss and more aggravated circumstances. The sentence of twelve years' imprisonment was found to be disturbingly inappropriate and too severe in the circumstances. Th…
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