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South Africa decisions
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Jobela v S (A20/2022) [2022] ZAGPPHC 589 (12 August 2022)
High Court appeal against sentence: murder sentence reduced to 15 years because a prior robbery conviction did not trigger section 51(2); rape life sentence upheld.
Maswanganyi v S (A119/2020) [2021] ZAGPPHC 94 (15 February 2021)
The High Court dismissed a sentence appeal for robbery with aggravating circumstances and repeated rape, confirming the minimum sentences imposed.
Mathuse v S (A206/2013) [2013] ZAGPJHC 287; 2014 (2) SACR 38 (GJ) (4 November 2013)
The High Court upheld an appeal against sentence for rape with aggravating circumstances, replacing life imprisonment with 20 years’ direct imprisonment.
Mqikela v S (CA 119/07) [2009] ZAECGHC 74; 2010 (2) SACR 589 (ECG) (26 October 2009)
The court held that the trial judge did not misdirect herself in considering the appellant's personal circumstances, which were placed on record. The aggravating features of the offence, including the double rape of an elderly woman, the use of a knife, the invasion of her home, and the severe psychological trauma suffered, outweighed any mitigating factors. The prescribed sentence of life imprisonment for rape was found to be proportionate and just in the circumstances. The appellant's personal circumstances, including his youth and lack of violent convictions, were insufficient to counterba…
Source excerpt
S v Fielies and Others (SS87/2007) [2007] ZAWCHC 334 (21 August 2008)
Sentencing judgment for rape and robbery with aggravating circumstances. The court imposed life imprisonment for rape and concurrent ten-year terms for robbery.
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