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South Africa decisions
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Mtalingoane v S (Appeal) (CA32/2024) [2025] ZANWHC 138 (7 August 2025)
The North West High Court dismissed an appeal against a life sentence for rape of a 14-year-old, finding no substantial and compelling circumstances.
Mabela v S (Appeal) (A15/2024) [2025] ZALMPPHC 141 (29 July 2025)
The court found that the appellant had inflicted grievous bodily harm on the complainant during the commission of rape, triggering the minimum sentence of life imprisonment under the Criminal Law Amendment Act. The appellant failed to demonstrate substantial and compelling circumstances warranting deviation from the prescribed sentence. His lack of remorse, refusal to accept responsibility, and the aggravating factors—including breach of trust, brutality, and the prevalence of such offences—outweighed any mitigating factors. The appellant’s personal circumstances, including his youth and stat…
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C.V.D.M v S (Appeal) (A180/2023) [2025] ZAWCHC 299 (22 July 2025)
The appeal court found that the Regional Magistrate properly exercised her sentencing discretion, fully considered the appellant's personal circumstances, the interests of the community, and the gravity of the offences. The appellant's alleged anger issues and drug use did not constitute substantial and compelling circumstances. His admission of guilt was limited to the attempted murder and was compelled by overwhelming evidence, not genuine remorse. The brutality, cruelty, and inhumanity of the crimes, including repeated rapes, sexual assault, and attempted murder, justified the imposition o…
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Makhetha v The State (A102/2024) [2025] ZAFSHC 210 (10 July 2025)
The High Court upheld a sentence appeal in a rape matter, finding the trial court failed to balance mitigating and aggravating factors evenly.
Makgisa v S (Appeal) (CA14/2023) [2025] ZANWHC 135 (30 June 2025)
Criminal appeal against rape conviction and life sentence dismissed. The court found the complainant and witness credible, with medical and DNA evidence corroborating the rape.
Dlamini v S (Appeal) (CA34/2023) [2025] ZANWHC 136 (30 June 2025)
The High Court dismissed an appeal against rape and kidnapping convictions and a 20-year sentence, finding no material misdirection, bias, or sentencing error.
S v Mgqobozi (Sentence) (CC33/2017) [2025] ZAECMHC 60 (25 June 2025)
High Court sentencing for kidnapping, rape, murders and aggravated robbery. The court imposed life sentences for the murder and rape counts plus ancillary protective orders.
D.H v S (Appeal) (A173/2024) [2025] ZAWCHC 269 (25 June 2025)
The High Court dismissed a criminal appeal against rape and common assault convictions, finding the complainant credible and the sentence justified.
V.N and Another v S (Appeal) (A21/2025) [2025] ZAWCHC 265 (23 June 2025)
Appeal court partly upheld an appeal from rape, robbery and housebreaking convictions, reducing some convictions to theft and robbery without aggravating circumstances.
Mlota v S (A338/2023) [2025] ZAGPPHC 604; 2025 (2) SACR 197 (GP) (13 June 2025)
The High Court set aside a life sentence for rape and replaced it with 15 years after finding the State had not proved a domestic relationship.
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