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Criminal Law [2019] ZANWHC 22

S v Madiba and Another (09/2019)

S v Madiba and Another (09/2019) [2019] ZANWHC 22 (2 May 2019)

The High Court found that the trial court failed to properly consider the personal circumstances of the accused, particularly their status as primary caregivers of young children. The trial court overemphasised deterrence and the interests of society, neglecting the proportionality between the seriousness of the crime and the severity of the sentence. The absence of a pre-sentence report and failure to investigate the impact of imprisonment on the children were material misdirections. The reviewing court held that alternative sentences, such as suspended sentences or community service, were m…

  • Sentencing Principles
  • Triad Of Zinn
  • Primary Caregiver Guidelines
  • Proportionality
  • Alternative Sentencing
  • Childrens Rights
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.