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South Africa Case Law

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Criminal Law [2018] ZAECGHC 68

S v S (CC42/2018)

S v S (CC42/2018) [2018] ZAECGHC 68 (16 August 2018)

Sentencing judgment after conviction for repeated rape of an eight-year-old daughter. The High Court found no substantial and compelling circumstances and imposed life imprisonment.

  • Rape Of Minor
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Psychological Impact
  • Recidivism
  • Criminal-law
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Criminal Law [2015] ZAECGHC 86

Greenwood v S (CA&R 148/2012)

Greenwood v S (CA&R 148/2012) [2015] ZAECGHC 86 (8 September 2015)

The court found that the magistrate had properly considered all relevant factors, including the seriousness and duration of the offences, the appellant's age, and the psychological impact on the complainants as established by expert evidence. The magistrate did not misdirect himself in accepting the psychologist's findings and excluding other causes for the behavioural changes. The appellant's subsequent employment and lack of further offences did not amount to exceptional circumstances warranting interference with the sentence. The sentence imposed was not disproportionately severe and refle…

  • Sexual Offences
  • Sentencing Principles
  • Child Offenders
  • Rape
  • Indecent Assault
  • Psychological Impact
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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.