Dlamini v S (A23/2024) [2024] ZAGPPHC 1262 (4 December 2024)
Court
North Gauteng High Court, Pretoria
Case number
A23/2024
Judges
Swanepoel, Retief, Hassim
The court held that the circumstances of the murder were exceptionally aggravating: the victim was a defenceless infant, the attack was inexplicably cruel and brutal, and the appellant showed no remorse or explanation for his actions. The minimum sentence of 15 years' imprisonment would be unduly lenient and would not reflect the outrage felt by society for such violence against a child. The High Court is empowered to impose life imprisonment where aggravating circumstances exist, and in this case, the severity and senselessness of the offence justified the harshest sentence. The appellant wa…
Lekhoana v S (CA 76/2019) [2024] ZANWHC 113 (16 April 2024)
Court
North West High Court, Mafikeng
Case number
CA 76/2019
Judges
N G Laubscher, F Reid
Criminal appeal against two rape convictions and sentence dismissed; the High Court upheld credibility findings, minimum sentencing, and life imprisonment on one count.
Molema v S (CA 15/2022) [2023] ZANWHC 209 (14 November 2023)
Court
North West High Court, Mafikeng
Case number
CA 15/2022
Judges
Petersen, Mongale
The Regional Court materially misdirected itself by failing to consider the appellant's three years and three months of pre-trial incarceration when imposing the prescribed minimum sentence of fifteen years imprisonment for murder. This omission rendered the sentence disproportionate to the crime, the criminal, and the interests of society. The period of pre-trial detention, while not a standalone substantial and compelling circumstance, must be considered as part of the overall proportionality assessment. The appellant was a first offender, and the prolonged detention was not due to his own…
Sibisi v S - Appeal (A286/2022) [2023] ZAGPPHC 1793 (3 October 2023)
Court
North Gauteng High Court, Pretoria
Case number
A286/2022
Judges
Retief, Bokako
The High Court reduced a sentence for unlawful possession of a prohibited firearm after finding the prescribed minimum was disproportionate in the circumstances.
Dlamini v S (A302/2021) [2022] ZAGPPHC 502 (4 July 2022)
Court
North Gauteng High Court, Pretoria
Case number
A302/2021
Judges
Mosopa, CM Sardiwalla
The High Court dismissed an appeal against a 15-year sentence for cable theft and infrastructure tampering, finding no substantial and compelling circumstances.