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Sithole v S (A402/2018) [2019] ZAGPPHC 1060 (22 November 2019)
The High Court upheld an appeal against a habitual criminal declaration, finding the magistrate had not exercised discretion judicially and replacing it with a prison sentence.
S v Frey (104/07) [2008] ZANCHC 28 (4 January 2008)
The reviewing judge found the sentence of 12 months' imprisonment for the theft of a chocolate of negligible value to be shockingly inappropriate and a grave injustice. The magistrate failed to properly weigh the accused's personal circumstances, including the long period since his last relevant conviction and his otherwise clean record. The judge concluded that the sentence was influenced by the magistrate's irritation with the accused's lack of remorse, which led to an unbalanced and disproportionate sentence. The conviction was confirmed, but the sentence was set aside and replaced with a…
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