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South Africa decisions
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Mboya v S (CA&R 75/2022) [2022] ZAECMKHC 78 (18 October 2022)
Appeal against sentence dismissed. The High Court upheld a 15-year minimum sentence for robbery with aggravating circumstances and found no basis to interfere.
Ramele v S (83/13) [2013] ZAGPPHC 397 (12 November 2013)
The court found that the trial magistrate had considered all relevant personal circumstances of the appellant, including his age, education, family background, and status as a first offender. The appellant's arguments regarding employment and education were negated by his own evidence. The magistrate was aware of the appellant's family situation and the fact that both parents were deceased. The court held that the period spent in custody awaiting trial should not be mechanically deducted from the sentence, as per Radebe v State. No misdirection or irregularity was found in the exercise of sen…
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