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South Africa decisions
Decisions matching the current search
Mokgepa v S (A229/2022) [2023] ZAGPPHC 681 (10 July 2023)
The High Court dismissed a sentence appeal in a murder and robbery case, holding that the 40-year effective sentence was not shockingly inappropriate.
Makgoba v S (A12/2016) [2016] ZAGPPHC 796 (7 September 2016)
The court held that the sentencing court's recommendation that the appellant not be released on parole before serving 45 years was unlawful. At the time of sentencing, section 276B of the Criminal Procedure Act had not yet come into force and does not apply retrospectively. The recommendation constituted an impermissible intrusion into the executive's domain, as the determination of parole eligibility is the prerogative of the Department of Correctional Services, guided by the Correctional Services Act and its regulations. The court confirmed that sentencing jurisdiction is statutory and cour…
Source excerpt
Makena v S (A723/08) [2011] ZAGPPHC 207; 2011 (2) SACR 294 (GNP) (4 February 2011)
Appeal against sentence succeeded. The High Court reduced a 50-year effective sentence for murder, robbery, and housebreaking to an effective 25 years.
S v Mosia (A1250/2006) [2008] ZAGPHC 198 (7 May 2008)
Sentence appeal partly succeeded: the High Court reduced an effective 35-year sentence to 25 years and antedated the substituted sentence.
S v Chabalala (CA 39/2006) [2006] ZANWHC 44 (15 June 2006)
The High Court confirmed convictions for murder, robbery and firearm offences, but set aside a 30-year non-parole recommendation as inconsistent with the statute.
S v Botha (318/03) [2004] ZASCA 51; 2006 (2) SACR 110 (SCA) (28 May 2004)
The appeal against sentence failed. The court held that consulting assessors on sentence was not irregular, but parole recommendations by judges are undesirable.
S v Hobkirk (SS99/00) [2000] ZAGPHC 27 (28 September 2000)
Sentencing judgment for three murder convictions: two life terms and 20 years on the first count, with a recommendation against parole.
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