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South Africa decisions
Decisions matching the current search
J.L.C.L v S (A342/2023) [2024] ZAGPPHC 1152 (5 November 2024)
The High Court dismissed a sentence appeal against life imprisonment for rape of a minor, holding that no substantial and compelling circumstances justified departure.
S v Farrel (CC56/2023) [2024] ZAGPPHC 1039 (25 July 2024)
The High Court sentenced Wayne Robert Farrel to life imprisonment for murder, eight years for attempted murder, and 15 years for robbery with aggravating circumstances.
Western Cape Education Department v Baatjies and Others (CA9/2020) [2022] ZALAC 89; [2022] 6 BLLR 537 (LAC); (2022) 43 ILJ 1353 (LAC) (12 January 2022)
The Labour Appeal Court held that the arbitrator's decision to uphold the dismissal of the respondent was reasonable and justified by the cumulative seriousness of the misconduct, which included assaults on a learner and his elderly grandmother. The respondent's lack of remorse, failure to take responsibility, and inability to demonstrate genuine rehabilitation weighed against mitigation based on his long service and clean record. The statutory prohibition on corporal punishment and the constitutional principle of the best interests of the child further supported the appropriateness of dismis…
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S v Sekonyela (CC03/2020) [2020] ZAECMHC 35 (14 August 2020)
The court found that, although the offences were extremely serious and had a devastating impact on the victims, the accused's personal circumstances—including his history of sexual abuse, dysfunctional upbringing, genuine remorse, guilty pleas, and prospects for rehabilitation—constituted substantial and compelling circumstances justifying a departure from the prescribed minimum sentences. The court emphasized the need to balance the interests of society, the gravity of the offences, and the accused's circumstances, and to avoid rendering the discretion under section 51(3) meaningless. The se…
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Venter v S (945/2018) [2020] ZASCA 14; 2021 (1) SACR 454 (SCA) (24 March 2020)
The Supreme Court of Appeal upheld a four-year sentence for sexual offences and breach of a protection order, finding no misdirection or undue severity.
Rafatlema v S (A627/2015) [2017] ZAGPPHC 481 (9 March 2017)
Appeal against rape, kidnapping and theft convictions and a life sentence dismissed; court found the complainant credible and corroborated by medical evidence.
S v Phaliso (CC51/2016) [2016] ZAECGHC 120 (25 October 2016)
The court found that the accused was provoked by the deceased, who swore at and stabbed him, and that the assault was not premeditated but occurred in the heat of the moment. The accused expressed remorse, confessed, and pleaded guilty, and is a first offender with stable employment and family responsibilities. These factors, together with the provocation, constitute substantial and compelling circumstances justifying a departure from the statutory minimum sentence of 15 years imprisonment. The court determined that a sentence of 12 years imprisonment is appropriate, balancing the seriousness…
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Moore v S (A48/2015) [2016] ZAGPPHC 468 (19 May 2016)
The High Court dismissed an appeal against sentence for sexual assault of a 10-year-old child, holding that correctional supervision was inappropriate.
S v De Sousa (626/2007) [2008] ZASCA 93; [2009] 1 All SA 26 (SCA) (12 September 2008)
The Supreme Court of Appeal reduced a fraud sentence from 7½ years to four years, finding the original sentence markedly disproportionate.
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