South Africa Case Law

Mahlatsi v S (A396/2012)

Mahlatsi v S (A396/2012) [2013] ZAGPPHC 269; 2013 (2) SACR 625 (GNP) (26 July 2013)

Court

North Gauteng High Court, Pretoria

Case number

A396/2012

Judges

De Vos, Lamprecht, Phatudi

The court held that while the individual sentences imposed on the appellant for robbery with aggravating circumstances and kidnapping were legally sound, the cumulative effect of fifty years imprisonment was excessive and induced a sense of shock. The trial court failed to exercise its discretion under section 280 of the Criminal Procedure Act to order concurrent running of sentences, resulting in an effective sentence disproportionate to both the offences and prevailing judicial norms. The court emphasized that effective sentences should not exceed the practical effect of life imprisonment,…

Source excerpt

• Minimum Sentencing Act
• Robbery With Aggravating Circumstances
• Kidnapping
• Parole Policy
• Concurrent Sentences
• Judicial Discretion In Sentencing

S v Mhlakaza and Another (386/96)

S v Mhlakaza and Another (386/96) [1997] ZASCA 7; [1997] 2 All SA 185 (A) (13 March 1997)

Court

Supreme Court of Appeal

Case number

386/96

Judges

Smalberger, Harms, Zulman

The appeal concerned whether cumulative prison sentences totaling 62 years were proper. The court reduced the effective sentences to 38 years by deleting suspensions and increasing concurrency.

• Sentencing Principles
• Cumulative Sentences
• Life Imprisonment
• Rehabilitation Vs Deterrence
• Parole Policy
• Judicial Vs Executive Function