South Africa Case Law

Mombika v S (AR286/2020)

Mombika v S (AR286/2020) [2021] ZAKZPHC 86 (8 October 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR286/2020

Judges

Maharaj, Jappie

The court found that the appellant committed a serious and violent rape against a minor, causing physical injuries and displaying no remorse. The trial court correctly applied the prescribed minimum sentence regime under section 51(1) of the Criminal Law Amendment Act 105 of 1997. The appellant's personal circumstances did not amount to substantial and compelling circumstances justifying a lesser sentence. The sentence of life imprisonment was not disproportionate or shocking given the gravity of the offence and the interests of society. The appeal court found no misdirection or irregularity…

Source excerpt

• Rape
• Minimum Sentences
• Substantial And Compelling Circumstances
• Sentencing Principles
• Remorse
• Parole Rights

S v Mdluli (JPV 2010/0046)

S v Mdluli (JPV 2010/0046) [2013] ZAGPJHC 115 (21 May 2013)

Court

South Gauteng High Court, Johannesburg

Case number

JPV 2010/0046

Judge

FHD Van Oosten

Sentencing judgment imposing life imprisonment for 12 counts, including three murders, after the court found no substantial and compelling circumstances to depart from the statutory minimum.

• Mandatory Minimum Sentences
• Murder
• Sentencing Principles
• Mitigation And Aggravation
• Parole Rights
• Sentencing