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South Africa decisions
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S v Mafa (CC 17/2021) [2021] ZAMPMHC 13 (6 April 2021)
The High Court sentenced Mr Mafa to 25 years for murder and 15 years for robbery with aggravating circumstances, running concurrently.
S v Mahlangu and Others (0025/10) [2011] ZAGPJHC 227; 2012 (2) SACR 373 (GSJ) (2 August 2011)
The court found that although the accused were relatively young and had spent a significant period in custody awaiting trial, these factors did not amount to substantial and compelling circumstances sufficient to justify deviation from the prescribed minimum sentences. The murder was premeditated, brutal, and committed in the course of a robbery with aggravating circumstances. The personal circumstances of the accused, including their difficult upbringing and lack of education, were acknowledged but did not outweigh the gravity of the offences. The court held that the sentences for murder and…
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S v Shandu (214/92) [1993] ZASCA 29 (15 March 1993)
The court found that the appellant played a leading role in the planned and brutal murder of an elderly and defenceless man, motivated by the desire to avoid detection for robbery. The mitigating factors advanced by the appellant were either unsupported by evidence or insignificant compared to the aggravating circumstances, which included the calculated nature of the crime, the vulnerability of the victim, the appellant's prior violent convictions, and the increase in similar attacks in the area. The court held that the death sentence was justified, as the interests of retribution and deterre…
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S v Simbaranda (67/89) [1989] ZASCA 107 (19 September 1989)
The Appellate Division upheld death sentences for murder and robbery, finding the appellant actively participated in a planned robbery and killings and showed no mitigating circumstances.
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