South Africa Case Law

S v Ngongwane

S v Ngongwane [2023] ZAGPPHC 275; A6/2022 (14 April 2023)

Court

North Gauteng High Court, Pretoria

Case number

A6/2022

Judges

Phahlane, van der Westhuizen, De Vos

The court found that the trial court correctly applied section 51(1) of Act 105 of 1997 to the rape count, as the offence involved the infliction of grievous bodily harm. There was no duplication of convictions or sentences between the rape and attempted murder counts, as these were independent acts. The trial court properly considered the appellant's personal circumstances but found no substantial and compelling circumstances to justify deviation from the prescribed minimum sentence of life imprisonment for rape. However, the sentence of 25 years for attempted murder was found to be unjustif…

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• Minimum Sentences
• Rape With Grievous Bodily Harm
• Attempted Murder
• Concurrent Sentences
• Duplication Of Convictions

S v Hendricks (27/2021)

S v Hendricks (27/2021) [2022] ZAECGHC 20 (24 February 2022)

Court

Eastern Cape High Court, Grahamstown

Case number

27/2021

Judge

Govindjee

The court found that the rape conviction involved the infliction of grievous bodily harm, as evidenced by the complainant's severe physical and emotional injuries. The statutory minimum sentence of life imprisonment was applicable under the Minimum Sentences Act. The court meticulously considered Hendricks' personal circumstances, including his status as a first offender, family responsibilities, and past trauma, but concluded these did not amount to substantial and compelling circumstances justifying deviation from the prescribed sentence. The apology and guilty plea were not regarded as gen…

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• Rape With Grievous Bodily Harm
• Minimum Sentences Act
• Attempted Murder
• Domestic Violence
• Sentencing Principles
• Remorse And Mitigation

S v Sithole (CC40/2019)

S v Sithole (CC40/2019) [2020] ZAGPPHC 497 (2 September 2020)

Court

North Gauteng High Court, Pretoria

Case number

CC40/2019

Judge

PJ Johnson

The High Court sentenced the accused to life imprisonment for rape and 20 years for robbery with aggravating circumstances, finding no substantial and compelling circumstances.

• Rape With Grievous Bodily Harm
• Robbery With Aggravating Circumstances
• Mandatory Minimum Sentences
• Substantial And Compelling Circumstances
• Remorse
• Parole Violation

Waterboer v S (A193/10)

Waterboer v S (A193/10) [2011] ZAWCHC 55 (18 February 2011)

Court

Western Cape High Court, Cape Town

Case number

A193/10

Judges

Louw, Le Grange, Fortuin

Appeal against a life sentence for rape with grievous bodily harm and assault was dismissed after the court found proper warning and no substantial and compelling circumstances.

• Minimum Sentences
• Rape With Grievous Bodily Harm
• Sentencing Principles
• Substantial And Compelling Circumstances
• Minimum-sentences
• Rape-sentencing