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South Africa decisions
Decisions matching the current search
S v Hlongwa and Others (Sentence) (CC76/2022P) [2023] ZAKZPHC 115 (18 October 2023)
The High Court imposed minimum sentences for murder, attempted murder, kidnapping and robbery, rejecting personal circumstances as substantial and compelling.
Mosepele v S (A101//2018) [2019] ZAGPPHC 328 (18 July 2019)
The High Court upheld an appeal against sentence, reducing a 12-year term to 5 years after finding the magistrate failed to properly weigh drug dependency and rehabilitation.
Mphuthi v S (A501/2015) [2016] ZAGPPHC 1168 (28 October 2016)
Criminal appeal against sentence dismissed. The High Court held that the trial court properly applied the minimum sentence and made no misdirection.
Mgandela v S (129/08) [2016] ZAECMHC 42 (30 August 2016)
The court held that the sentencing court did not commit a material misdirection and properly considered the appellant's personal circumstances against the gravity of the offence. The appellant's status as a first offender, age, family responsibilities, and lack of prior convictions were weighed but found insufficient to constitute substantial and compelling circumstances. The aggravating factors included the tender age of the complainant, the psychological and emotional harm inflicted, the breach of trust, and the appellant's lack of remorse. The mandatory sentence of life imprisonment under…
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S v Lourens (16424, 205/16, 26/2016) [2016] ZAWCHC 58; 2016 (2) SACR 624 (WCC) (13 May 2016)
The High Court held that the magistrate erred by failing to consider the accused's personal circumstances, including his need for a driving licence for employment, his status as a first offender, and the absence of injury or accident. The court interpreted section 35(3) of the National Road Traffic Act to permit consideration of such circumstances, contrary to the restrictive approach in Greeff v S. The court found that the suspension of the accused's driving licence was unduly harsh and not in the interests of justice. Accordingly, the conviction and sentence were confirmed, but the order su…
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S v Nkosi (A973.2013) [2013] ZAGPPHC 484; 2014 (2) SACR 212 (GP) (18 November 2013)
On automatic review, the High Court set aside a magistrate’s fine-based sentence and substituted a wholly suspended prison term because the accused could not afford the fine.
S v Westhuizen (138/85) [1986] ZASCA 77 (13 August 1986)
On appeal against sentence for murder with mitigating circumstances, the court reduced the sentence after finding the accused's age, work history, provocation, and family responsibilities were underweighted.
S v Moloi (151/84) [1984] ZASCA 149 (28 November 1984)
Appeal against sentence for unlawful possession of a firearm and ammunition succeeded; the court reduced the term and imposed a suspended sentence.
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