South Africa Case Law

Director of Public Prosecutions, Gauteng, Pretoria v Mtshali (A905/2014)

Director of Public Prosecutions, Gauteng, Pretoria v Mtshali (A905/2014) [2016] ZAGPPHC 539; 2016 (2) SACR 463 (GP) (20 June 2016)

Court

North Gauteng High Court, Pretoria

Case number

A905/2014

Judge

De Vos

The court found that the applicant had a reasonable prospect of success on appeal against the sentences imposed for rape and attempted murder. The magistrate misdirected himself by overemphasising the respondent's personal circumstances, particularly his alleged role as primary caregiver, and underemphasising the seriousness of the offences and the interests of the victim and community. The impact on the victim was not properly considered, and the approach taken by the magistrate was based on incorrect facts. The interests of justice, public interest, and the need for consistency in sentencin…

Source excerpt

• Condonation For Late Appeal
• Minimum Sentences
• Rape Sentencing
• Primary Caregiver In Sentencing
• Interest Of Justice
• Impact On Victim

Director of Public Prosecutions FS v Abubaker (A312/2015)

Director of Public Prosecutions FS v Abubaker (A312/2015) [2015] ZAFSHC 119 (25 June 2015)

Court

Free State High Court, Bloemfontein

Case number

A312/2015

Judge

A Kruger

The court found that there are reasonable prospects that another court could conclude the regional magistrate erred by overemphasizing the respondent's role as primary caregiver in sentencing for a violent crime. The cases cited regarding primary caregivers pertain to economic crimes, not violent offences against a parent. The magistrate may have treated sentencing too much like a custody enquiry and underplayed the seriousness of the attempted murder. Given the premeditated nature of the crime and the severe injuries inflicted, the interests of justice require that leave to appeal be granted…

Source excerpt

• Leave To Appeal Against Sentence
• Domestic Violence
• Primary Caregiver In Sentencing
• Attempted Murder

Langa v S (AR490/09)

Langa v S (AR490/09) [2010] ZAKZPHC 96 (23 September 2010)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR490/09

Judges

Steyn, Gorven, Govindasamy

Appeal against sentence dismissed in a planned-murder case. The court upheld life imprisonment and found no unfair-trial irregularity or mitigating influence from the husband.

• Minimum Sentencing
• Planned Murder
• Common Purpose
• Procedural Irregularity
• Fair Trial Rights
• Primary Caregiver In Sentencing

Britz v S (613/09)

Britz v S (613/09) [2010] ZASCA 71; 2010 (2) SACR 524 (SCA) (27 May 2010)

Court

Supreme Court of Appeal

Case number

613/09

Judges

Cloete, Mlambo, Saldulker

Criminal appeal on whether post-sentence evidence about the appellant’s children justified admitting new evidence and reducing a custodial sentence.

• Admission Of New Evidence On Appeal
• Sentencing Principles
• Primary Caregiver In Sentencing
• Exceptional Circumstances
• Interests Of Children
• Correctional Supervision