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South Africa decisions
Decisions matching the current search
S v Dumpies (442/91) [1992] ZASCA 233 (27 November 1992)
The appeal was against sentence only. The Appellate Division held that the trial court misdirected itself and reduced the sentence from 15 to 10 years.
S v Barnabas (146/90) [1991] ZASCA 8; [1991] 2 All SA 111 (A) (8 March 1991)
The Supreme Court of Appeal found that the trial judge had overemphasized the appellant's previous convictions and failed to adequately consider the specific circumstances under which the murder was committed. The judge did not conduct a sufficiently thorough inquiry into the facts surrounding the offence, as required by established sentencing principles. The appellant's prior convictions, while numerous, were for offences that had not previously attracted sentences exceeding 12 months' imprisonment, indicating their relative lack of seriousness. The sentence of 20 years was deemed excessivel…
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S v Dladla (622/89) [1991] ZASCA 6; [1991] 2 All SA 109 (A) (5 March 1991)
The Supreme Court of Appeal found that the appellant only formed a common purpose to kill the deceased after the fatal wound had already been inflicted by accused no 2. The appellant's subsequent actions did not contribute to or expedite the death of the deceased. Therefore, the appellant could not be convicted of murder but was guilty of attempted murder. The Court considered the appellant's age and lack of previous convictions in determining an appropriate sentence.
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S v Khaisane (528/88) [1989] ZASCA 108 (21 September 1989)
The Supreme Court of Appeal held that the procedure for granting leave to appeal was highly irregular, as no proper application was made, and the State was not afforded an opportunity to respond. However, in the interests of justice, the court considered the merits of the appeal. The trial court had duly considered all relevant facts, including the appellant's personal circumstances, the provocation by the deceased, and the impact of the sentence on the appellant's business. The sentencing judgment was balanced and did not overemphasize or underemphasize any aspect. The sentence of ten years'…
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S v Sauer (81/87) [1989] ZASCA 44 (31 March 1989)
The appeal against Sauer’s murder conviction failed, but the Supreme Court reduced her sentence from ten years to five years after finding the original term too severe.
S v Dondashe and Others (363/87) [1988] ZASCA 162 (30 November 1988)
Appeal in a murder case arising from a “necklace” killing. The court upheld the first appellant’s conviction, but acquitted the second and reduced the third and fourth appellants’ sentences.
S v Mabhani (172/85) [1986] ZASCA 16 (17 March 1986)
The court dismissed an appeal against a murder conviction, holding the appellant shared a common purpose in the fatal assault on the deceased.
S v Jafta (211/84) [1985] ZASCA 3 (27 March 1985)
Appeal against a death sentence for murder in prison was dismissed. The court found no factual basis for extenuating circumstances or gang-coercion mitigation.
S v Abbas (121/84) [1984] ZASCA 120 (27 September 1984)
The court reduced sentences for murder and attempted murder after finding that the trial court overemphasised the appellant’s record and underweighted provocation and intoxication.
S v Holshausen (216/83) [1984] ZASCA 100; [1984] 2 All SA 572 (A); 1984 (4) SA 852 (A) (14 September 1984)
The Appellate Division upheld Holshausen’s murder conviction, finding the deceased had not committed suicide and that forensic and circumstantial evidence pointed to murder.
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