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Criminal Law [2016] ZAGPPHC 690

Radebe v S (A497/2015)

Radebe v S (A497/2015) [2016] ZAGPPHC 690 (4 August 2016)

The trial court misdirected itself by failing to consider whether the appellant's youth and other personal circumstances constituted substantial and compelling circumstances justifying a departure from the prescribed minimum sentence of life imprisonment for rape. The presiding officer did not actively inquire into mitigating factors and placed undue emphasis on the fact that two persons committed the rape. The period spent in custody awaiting trial should have been considered as part of the overall assessment of an appropriate sentence. The appeal court found that the appellant's age and cir…

  • Rape
  • Attempted Murder
  • Minimum Sentencing Regime
  • Substantial And Compelling Circumstances
  • Youthfulness As Mitigation
  • Period Spent In Custody
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