South Africa Case Law

Molema v S (CA 15/2022)

Molema v S (CA 15/2022) [2023] ZANWHC 209 (14 November 2023)

Court

North West High Court, Mafikeng

Case number

CA 15/2022

Judges

Petersen, Mongale

The Regional Court materially misdirected itself by failing to consider the appellant's three years and three months of pre-trial incarceration when imposing the prescribed minimum sentence of fifteen years imprisonment for murder. This omission rendered the sentence disproportionate to the crime, the criminal, and the interests of society. The period of pre-trial detention, while not a standalone substantial and compelling circumstance, must be considered as part of the overall proportionality assessment. The appellant was a first offender, and the prolonged detention was not due to his own…

Source excerpt

• Minimum Sentencing
• Pre Trial Incarceration
• Proportionality Of Sentence
• Firearms Control Act
• Condonation For Late Appeal

S v Ndou and Others (SS36/2019)

S v Ndou and Others (SS36/2019) [2022] ZAGPJHC 842 (27 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

SS36/2019

Judge

S D J Wilson

Sentencing judgment for infrastructure-related theft and corruption offences, where the court departed from mandatory minimums due to pre-trial detention and limited participation.

• Theft
• Malicious Injury To Property
• Damage To Essential Infrastructure
• Minimum Sentencing
• Pre Trial Incarceration
• Corruption

S v Makgopa and Others (SS87/2021)

S v Makgopa and Others (SS87/2021) [2022] ZAGPJHC 470; 2023 (2) SACR 208 (GJ) (18 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

SS87/2021

Judge

S D J Wilson

The High Court sentenced three accused to life imprisonment for premeditated murder and kidnapping, rejecting youth and 21 months’ pre-trial detention as mitigating factors.

• Premeditated Murder
• Common Purpose
• Minimum Sentencing
• Pre Trial Incarceration
• Non Parole Period
• Kidnapping

Gwadiso and Another v S (A425/2017)

Gwadiso and Another v S (A425/2017) [2018] ZAWCHC 33 (16 March 2018)

Court

Western Cape High Court, Cape Town

Case number

A425/2017

Judges

C M Fortuin, J I Cloete

The High Court dismissed a sentence-only appeal by two appellants convicted of stealing Telkom copper cabling, finding the sentences were proper and proportionate.

• Minimum Sentences
• Essential Infrastructure Theft
• Sentencing Discretion
• Pre Trial Incarceration
• Correctional Supervision
• Individualisation Of Sentence