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South Africa decisions
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Zwelinzima and Another v S (CA 59/2019) [2022] ZANWHC 56 (5 December 2022)
The High Court refused condonation for a late appeal and confirmed life imprisonment for rape, holding there were no substantial and compelling circumstances.
Motloung v S (A109/2021) [2022] ZAFSHC 109 (18 May 2022)
The High Court dismissed an appeal against a rape conviction and life sentence, finding the appellant’s version not reasonably possibly true and no basis to depart from the prescribed minimum.
Dlamini v S (A125/2015) [2015] ZAFSHC 222 (12 November 2015)
The court found that, although the complainant's identification evidence had both favourable and unfavourable features, circumstantial evidence, including the testimony of accused number 1 and the appellant's failure to challenge incriminating evidence or testify, corroborated the complainant's account and undermined the appellant's alibi. The trial court did not materially misdirect itself regarding conviction, and the appeal against conviction was dismissed. However, the sentencing court erred by mechanically imposing the prescribed minimum sentence of life imprisonment without properly wei…
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Olivier v S (A268/12) [2015] ZAWCHC 19 (26 February 2015)
The appeal court found that the trial court misdirected itself by failing to obtain a probation officer's report before imposing the most severe sanction of life imprisonment on a youthful offender. The appellant had only just reached 18 years of age, had no prior convictions for violence or sexual offences, and his personal circumstances were not adequately investigated. The court held that, in cases involving life imprisonment, it is essential for the sentencing court to have comprehensive information about the accused's background and personal circumstances to properly exercise its discret…
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