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South Africa Case Law

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Criminal Law [1993] ZASCA 184

S v Jordaan (307/92)

S v Jordaan (307/92) [1993] ZASCA 184 (29 November 1993)

Appeal against death sentences dismissed; the court held that psychopathy, prison frustration, and gang influence did not sufficiently mitigate the planned murder.

  • Sentencing
  • Mitigating Factors
  • Death Penalty
  • Anti Social Personality Disorder
  • Gang Influence
  • Murder
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Criminal Law [1992] ZASCA 142

S v Ndayave (368/91)

S v Ndayave (368/91) [1992] ZASCA 142 (14 September 1992)

Appeal against death sentences for twelve murders, rape and robberies dismissed; the court held psychopathy and drug use were not mitigating factors.

  • Murder
  • Rape
  • Robbery With Aggravating Circumstances
  • Extenuating Circumstances
  • Death Penalty
  • Psychopathy
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Criminal Law [1992] ZASCA 20

S v Cotton (462/91)

S v Cotton (462/91) [1992] ZASCA 20; [1992] 2 All SA 45 (A) (12 March 1992)

The Appellate Division set aside a death sentence for murder and substituted life imprisonment, holding that the appellant’s youth and immaturity were substantial mitigating factors.

  • Murder Without Extenuating Circumstances
  • Death Sentence Review
  • Youth As Mitigating Factor
  • Psychopathy
  • Life Imprisonment
  • Criminal-sentencing
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Criminal Law [1989] ZASCA 15

S v Eiman (273/88)

S v Eiman (273/88) [1989] ZASCA 15 (21 March 1989)

The appellate court held that the trial judge had properly exercised his discretion in imposing the death sentence for murder, notwithstanding the finding of extenuating circumstances. The court found no evidence of misdirection, factual error, or legal mistake. The appellant's psychopathy, while reducing blameworthiness for extenuation, was regarded as an aggravating factor for sentencing due to the danger he posed to society and the prison community. The court rejected the appellant's version of self-defence and provocation, finding it unsupported by the evidence and contradicted by the nat…

  • Murder
  • Extenuating Circumstances
  • Psychopathy
  • Sentencing Discretion
  • Self Defence
  • Provocation
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Criminal Law [1988] ZASCA 59

S v Kosztur (401/87)

S v Kosztur (401/87) [1988] ZASCA 59 (25 May 1988)

Appeal against a death sentence was dismissed after the court found no extenuating circumstances despite psychopathy, drug use, and a troubled background.

  • Murder
  • Extenuating Circumstances
  • Psychopathy
  • Drug Influence
  • Moral Blameworthiness
  • Extenuating-circumstances
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Criminal Law [1987] ZASCA 10

S v Sampson (351/86)

S v Sampson (351/86) [1987] ZASCA 10 (13 March 1987)

The court set aside two death sentences for murder and substituted life imprisonment, finding misdirection on rehabilitation and youth as mitigation.

  • Murder
  • Death Penalty
  • Extenuating Circumstances
  • Sentencing Discretion
  • Psychopathy
  • Youth As Mitigation
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