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South Africa decisions
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R.H.M v C.D.M (37409/2018) [2023] ZAGPJHC 1176 (18 October 2023)
The court dealt with urgent enforcement of a suspended contempt sentence, declining most ancillary relief but ordering the respondent to serve 14 days' periodic imprisonment.
N.C v S (A150/2019) [2019] ZAWCHC 155; 2020 (1) SACR 346 (WCC) (19 November 2019)
High Court appeal in a child-related contempt matter. Conviction on count one was set aside because the order was suspended; sentence was reduced and suspended.
S v Moleme (364/1992) [1993] ZASCA 138 (27 September 1993)
The appeal concerned sentence for unlawful possession of automatic firearms and ammunition. The court replaced direct imprisonment with 2,000 hours of periodic imprisonment.
S v Potgieter (684/1989) [1991] ZASCA 59 (23 May 1991)
Appeal against sentence for reckless driving dismissed; six months' imprisonment and a 12-month licence suspension were confirmed.
S v Rive (31/84) [1985] ZASCA 110 (27 September 1985)
The Supreme Court of Appeal found that the trial court had overemphasized the interests of the community and failed to properly consider the appellant's personal circumstances and alternative sentencing options. The appellant was a young mineworker with a minor quantity of cannabis in his possession and a history of previous convictions, but the facts did not justify unbroken imprisonment. The court held that periodic imprisonment was a more appropriate sentence, given the appellant's employment and ability to arrange his working hours to serve the sentence over weekends. The appeal succeeded…
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