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South Africa Case Law

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Criminal Law [2024] ZAGPJHC 1233

S v S.D (SS023-2023)

S v S.D (SS023-2023) [2024] ZAGPJHC 1233 (28 November 2024)

After convicting the accused of murdering her 28-month-old son, the High Court found substantial and compelling circumstances and imposed 12 years’ direct imprisonment.

  • Murder Of Child
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Mental Health In Sentencing
  • Remorse
  • Mitigation And Aggravation
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Criminal Law [2019] ZAWCHC 79

S v C.D (CC36/2018)

S v C.D (CC36/2018) [2019] ZAWCHC 79 (25 June 2019)

The court found that the accused committed extremely violent and aggravated offences against a vulnerable minor, his niece, breaching a position of trust. The brutality of the rape and murder, the psychological and physical suffering inflicted, and the subsequent attempt to defeat the ends of justice by disposing of the body and cleaning the crime scene were considered. The court weighed the accused's personal circumstances, including his background, family situation, and time spent in custody, but found these insufficient to constitute substantial and compelling circumstances justifying devi…

  • Minimum Sentence Legislation
  • Rape Of Minor
  • Murder Of Child
  • Defeating Ends Of Justice
  • Child Protection
  • Sentencing Guidelines
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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.