S v Motaung (A275/2009) [2010] ZAFSHC 135 (15 October 2010)
Court
Free State High Court, Bloemfontein
Case number
A275/2009
Judges
D. I. Matlapeng, B. C. Mocumie
Appeal against sentence in a theft case. The High Court found the magistrate overemphasised deterrence and imposed a harsh, disparate sentence, replacing it with a fine and suspended imprisonment.
S v Kirsten (231/1986) [1987] ZASCA 91; [1988] 1 All SA 282 (A) (22 September 1987)
Court
Supreme Court of Appeal
Case number
231/1986
Judges
Viljoen, Van Heerden, Jacobs, Vivier, Boshoff
The Supreme Court of Appeal held that the appellant was entitled to withdraw his appeal against sentence without leave of the court, as the withdrawal was communicated before the court a quo indicated that aggravation of sentence would be considered. The notice of appeal, although imperfectly worded, was sufficiently clear to encompass both conviction and sentence. The court a quo erred in finding that withdrawal required leave after the matter was set down, and further erred in increasing the sentence. The original sentence imposed by the magistrate, while on the lenient side, was not distur…