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South Africa Case Law

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Criminal Law [2017] ZAGPPHC 1295

Ndlovu and Another v State (149/2016)

Ndlovu and Another v State (149/2016) [2017] ZAGPPHC 1295 (13 September 2017)

High Court appeal against sentence for robbery with aggravating circumstances succeeded; the court reduced each appellant’s sentence from 12 years to 8 years.

  • Minimum Sentence Regime
  • Robbery With Aggravating Circumstances
  • Sentencing Discretion
  • Prospects Of Rehabilitation
  • Criminal-law
  • Sentencing-appeals
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Criminal Law [2015] ZAKZPHC 6

Mthethwa v S (AR76/14)

Mthethwa v S (AR76/14) [2015] ZAKZPHC 6; 2016 (1) SACR 510 (KZP) (16 February 2015)

The High Court reduced sentences imposed on a 16-year-old convicted of murder and attempted murder, holding that child-offender sentencing and rehabilitation were not properly considered.

  • Sentencing Of Child Offenders
  • Minimum Sentences
  • Constitutional Invalidity
  • Prospects Of Rehabilitation
  • Child-offender-sentencing
  • Minimum-sentences
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Criminal Law [2011] ZAWCHC 142

Smith v S (S22/2010)

Smith v S (S22/2010) [2011] ZAWCHC 142 (15 February 2011)

The High Court dismissed an application for leave to appeal against sentence, holding that the applicant’s personal circumstances did not justify departure from mandatory minimum sentences.

  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Prospects Of Rehabilitation
  • Mercy In Sentencing
  • Firearms Control Act
  • Robbery With Aggravating Circumstances
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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.