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South Africa decisions
Decisions matching the current search
Masigo v S (Sentence Appeal) (CA53/2024) [2025] ZANWHC 112 (3 July 2025)
The High Court dismissed a sentence appeal and confirmed eight years’ direct imprisonment for theft out of a motor vehicle.
A.M v S (CA&R130/2023) [2024] ZAECMKHC 73 (20 June 2024)
The High Court dismissed an appeal against a rape conviction and life sentence, finding the complainant credible, the appellant’s version improbable, and no basis to interfere with sentence.
S v Mosito (11/2024; RE655/2023) [2024] ZANWHC 88; 2024 (2) SACR 96 (NWM) (26 March 2024)
High Court review of a three-year theft sentence replaced it with a partially suspended term and rehabilitation conditions, emphasising proportionality and rehabilitation.
S v Maphenya (296/2023) [2024] ZAWCHC 67 (26 February 2024)
The accused admitted to entering an open house and stealing items but did not admit to breaking into the premises or displacing any object to gain entry. Therefore, the elements of housebreaking were not satisfied. The conviction for housebreaking with intent to steal and theft was incorrect and must be set aside. However, the admissions fully satisfied the elements of theft, warranting a conviction for theft. The sentence imposed by the magistrate was appropriate given the accused's extensive history of similar offences, lack of rehabilitation, and the aggravating circumstances of the offenc…
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S v Noordien (43/2022;9/15/2022;11/2022) [2022] ZAWCHC 149 (25 July 2022)
The review court found that the magistrate overemphasised the accused's previous convictions and failed to properly consider the petty nature of the offence. The sentence of 18 months' imprisonment was manifestly excessive and disproportionate to the theft of chewing gum worth less than R200. The court held that proportionality is a fundamental principle in sentencing, and previous convictions, while aggravating, should not outweigh the nature and seriousness of the current offence. The sentence was substituted with a shorter term of imprisonment and a suspended sentence to reflect the pettin…
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Sibaya v S (A68/2019) [2021] ZAGPJHC 771 (6 December 2021)
The High Court upheld an appeal against a 12-year sentence for housebreaking and theft, reducing it to six years for disproportionality.
E N v S (A95/2020) [2020] ZAFSHC 202 (22 October 2020)
The High Court dismissed an appeal against a 15-year sentence for sexual assault of a child, finding no misdirection and no basis to reduce sentence.
Kubheka and Another v S (08/36380; A176/18) [2019] ZAGPJHC 194 (20 June 2019)
The High Court dismissed a criminal appeal against conviction for theft from a motor vehicle and increased both appellants’ sentences.
S v Falo (CC13/2019) [2019] ZAECGHC 37 (27 March 2019)
Sentencing judgment for four rape convictions. The High Court imposed life imprisonment on counts 1 to 3 and 20 years on count 4 after rejecting substantial and compelling circumstances.
S v S (CC42/2018) [2018] ZAECGHC 68 (16 August 2018)
Sentencing judgment after conviction for repeated rape of an eight-year-old daughter. The High Court found no substantial and compelling circumstances and imposed life imprisonment.
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