South Africa Case Law

S v Louw (CA&R 66/06)

S v Louw (CA&R 66/06) [2006] ZANCHC 108; 2007 (1) SACR 539 (NC) (3 November 2006)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 66/06

Judges

Majiedt, Williams

The court held that the minimum sentencing provisions of Act 105 of 1997 do not apply to attempted murder of a child under 16 years, as this offence is not listed in the relevant schedule. The trial magistrate's misdirection on the law did not render the sentence appealable, as the sentence imposed was not shockingly severe and, in fact, was considered lenient given the brutality of the attack. The appellant's plea of guilty, lack of proven previous convictions, and the refusal to grant further postponement for the State to prove such convictions were all properly considered. The court declin…

Source excerpt

• Attempted Murder
• Minimum Sentencing
• Child Victim
• Sentencing Discretion
• Proof Of Previous Convictions

S v Kgelemethe (SR49/2004)

S v Kgelemethe (SR49/2004) [2004] ZAFSHC 24 (4 April 2004)

Court

Free State High Court, Bloemfontein

Case number

SR49/2004

Judge

A.P. Beckley

The High Court set aside a referral for sentencing and remitted the matter so the accused’s previous convictions could first be proved.

• Proof Of Previous Convictions
• Sentencing Procedure
• Review Of Magistrates Court
• Criminal-procedure
• Previous-convictions
• Sentencing

S v Modisane (38/03)

S v Modisane (38/03) [2003] ZANWHC 14 (27 March 2003)

Court

North West High Court, Mafikeng

Case number

38/03

Judges

M M Leeuw, B E Nkabinde

The High Court confirmed a robbery conviction but set aside the sentence after finding the magistrate wrongly relied on unproved prior convictions.

• Proof Of Previous Convictions
• Sentencing Irregularity
• Criminal Procedure Act Section 271
• First Offender Status
• Criminal-sentencing
• Previous-convictions