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South Africa decisions
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Mboyena v S (CA 35/2020) [2025] ZANWHC 16 (28 January 2025)
The High Court condoned a late criminal appeal but dismissed the appellant’s challenge to a 25-year rape sentence, finding no basis to interfere.
Director of Public Prosecutions, Free State v Mokati (440/2019) [2022] ZASCA 31; [2022] 2 All SA 646 (SCA); 2022 (2) SACR 1 (SCA) (25 March 2022)
The Supreme Court of Appeal held that the trial court was correct in convicting the respondent of rape and robbery with aggravating circumstances, as the evidence overwhelmingly supported the State's case and the respondent's version was found to be improbable and contradictory. The appeal by the State to reserve questions of law regarding the acquittal on murder was dismissed, as the issues raised were factual rather than legal and did not meet the requirements for reservation under section 319 of the Criminal Procedure Act. The trial court's finding that the chain of events leading to the d…
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Olivier v S (A517/16) [2018] ZAWCHC 78 (19 June 2018)
The High Court reduced a life sentence for gang rape to 22 years, finding the appellant’s youth and background were substantial and compelling circumstances.
Director of Public Prosecutions, Gauteng, Pretoria v Mtshali (A905/2014) [2016] ZAGPPHC 539; 2016 (2) SACR 463 (GP) (20 June 2016)
The court found that the applicant had a reasonable prospect of success on appeal against the sentences imposed for rape and attempted murder. The magistrate misdirected himself by overemphasising the respondent's personal circumstances, particularly his alleged role as primary caregiver, and underemphasising the seriousness of the offences and the interests of the victim and community. The impact on the victim was not properly considered, and the approach taken by the magistrate was based on incorrect facts. The interests of justice, public interest, and the need for consistency in sentencin…
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Mlangeni v S (A499/12) [2015] ZAGPPHC 976 (14 October 2015)
The High Court dismissed an appeal against sentence for rape and assault, holding that the 25-year effective sentence was not shockingly inappropriate.
Mohumi v S (CA12/2013) [2014] ZANWHC 33 (6 November 2014)
The High Court reduced a life sentence for rape to 20 years, finding substantial and compelling circumstances after weighing the offender, the offence, and society’s interests.
Prince v S (A138/2013) [2013] ZAFSHC 239 (28 November 2013)
The trial court misdirected itself by failing to consider the cumulative effect of imposing consecutive sentences and by not applying section 280(2) of the Criminal Procedure Act, which allows for concurrent sentences. The resulting total sentence of 36 years imprisonment was unduly harsh and induced a sense of shock, contrary to principles of rehabilitation and proportionality. The appeal against sentence was upheld, and the sentence was substituted to ensure that part of the rape sentence runs concurrently with the existing murder sentence, thereby mitigating the cumulative effect and align…
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Mabaso v S (AR 250/12) [2013] ZAKZPHC 32; 2014 (1) SACR 299 (KZP) (10 May 2013)
Appeal against sentence in a rape and robbery case. The High Court reduced life imprisonment to 25 years for rape and 8 years for robbery.
W.V v S (A511/2011) [2012] ZAGPPHC 368 (3 August 2012)
The appeal succeeded in respect of the sentences for the two rape convictions because the trial court failed to properly warn the appellant about the application of the minimum sentence provisions under Act 105 of 1997, and did not adequately consider his personal circumstances and difficult upbringing. These factors were found to constitute compelling and substantial circumstances justifying a departure from the prescribed minimum sentence of life imprisonment. The court substituted the life sentences with ten years' imprisonment for each rape count. The sentence for indecent assault was uph…
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Maree v S (95/2010) [2011] ZANCHC 7 (18 March 2011)
The court held that the appellant's delay in filing the notice of appeal should be condoned. The conviction for robbery (count 1) was set aside due to material contradictions and lack of proof beyond reasonable doubt. The convictions for kidnapping (count 2), assault with intent to cause grievous bodily harm (count 3), and rape (counts 4 and 5) were confirmed, as the evidence, including medical corroboration and witness testimony, supported the findings of the trial court. However, the sentence of life imprisonment for rape was found to be disproportionate given the circumstances and absence…
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