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South Africa Case Law

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Criminal Law [2023] ZAGPJHC 792

S v Mphahlele (SS 111/2021)

S v Mphahlele (SS 111/2021) [2023] ZAGPJHC 792 (14 July 2023)

Court
South Gauteng High Court, Johannesburg
Case number
SS 111/2021
Judge
Bhoola

The court found that, although the offence of murder is extremely serious and ordinarily attracts a minimum sentence of 15 years' imprisonment, substantial and compelling circumstances exist in this case to justify deviation. The accused is a young, emotionally immature primary caregiver who suffered psychological and emotional trauma, was subjected to abuse, and acted under extreme distress. The best interests of her minor children, who are now cared for by their maternal grandmother, must be weighed against the need for a fair and just sentence. The court determined that correctional superv…

Source excerpt

  • Murder
  • Primary Caregiver Sentencing
  • Minimum Sentence Deviation
  • Best Interests Of Children
  • Correctional Supervision
  • Constitutional Rights Of Children
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Criminal Law [2018] ZAECGHC 13

S v Edipute (CA&R45/2018, 20180024)

S v Edipute (CA&R45/2018, 20180024) [2018] ZAECGHC 13 (22 February 2018)

Court
Eastern Cape High Court, Grahamstown
Case number
CA&R45/2018, 20180024
Judges
J M Roberson, J E Smith

The magistrate erred in conducting a summary enquiry and convicting the accused for failing to appear while on bail, as such procedure is not authorised by the Criminal Procedure Act. The conviction and sentence for this offence were set aside. In sentencing the accused for theft, the magistrate failed to consider the interests of her minor children, despite clear evidence that she was their primary caregiver. The failure to address the impact of incarceration on the children constituted a miscarriage of justice. The sentence for theft was set aside and substituted with a sentence that took i…

Source excerpt

  • Failure To Appear
  • Primary Caregiver Sentencing
  • Childrens Rights
  • Theft
  • Bail Forfeiture
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Criminal Law [2017] ZAFSHC 38

S v Abubaker (A197/2016)

S v Abubaker (A197/2016) [2017] ZAFSHC 38 (16 March 2017)

Court
Free State High Court, Bloemfontein
Case number
A197/2016
Judges
Van Zyl, Nicholson

The court found that the State failed to provide a satisfactory explanation for the delay in filing the notice of appeal, as the record was available when leave to appeal was granted. The explanation of administrative confusion and incomplete transcription was unconvincing. The respondent and her minor children would suffer prejudice if the sentence were revisited, given the lengthy passage of time and substantial completion of the sentence. The trial court had properly considered all relevant factors, including aggravating and mitigating circumstances, the interests of the community, and the…

Source excerpt

  • Condonation Of Late Filing
  • Sentencing Principles
  • Primary Caregiver Sentencing
  • Domestic Violence
  • Appeal Procedure
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.