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South Africa decisions
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Leisa v S (A43/2023) [2023] ZAGPJHC 1362 (24 November 2023)
On appeal against sentence for robbery with aggravating circumstances, the High Court held that six months of pretrial detention should have been credited.
Du Plessis v S (A101 / 2021) [2022] ZAGPJHC 116 (28 February 2022)
The High Court reduced Dirk Du Plessis’s sentence after finding the Regional Court failed to credit 2 years and 3 months of pretrial detention.
Thipe v S (A114/2018) [2019] ZAGPPHC 206 (6 June 2019)
Sentence appeal in a robbery with aggravating circumstances case succeeded because the court failed to properly weigh pretrial detention and the appellant’s limited role.
Manyathi and Another v S (A140/2014) [2014] ZAGPJHC 225 (15 September 2014)
The court held that the three years spent in custody awaiting trial, while a relevant factor, did not outweigh the aggravating circumstances of the planned and violent robbery involving firearms and the assault of victims. The minimum sentence of fifteen years for robbery with aggravating circumstances was justified and proportionate. However, the possession of the firearm and ammunition occurred during the robbery and should not result in cumulative punishment. Therefore, the sentences for possession of the firearm and ammunition were ordered to run concurrently with the sentence for robbery…
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