S v Gumbi and Others (Sentence) (CC24/2023) [2023] ZAKZPHC 65 (15 June 2023)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
CC24/2023
Judge
Mossop
Sentencing judgment for armed robbery, attempted murder and firearms offences. The court found no substantial and compelling reasons to depart from minimum sentences.
Director of Public Prosecutions, KwaZulu-Natal v A.P (AR336/2021) [2022] ZAKZPHC 76; 2023 (1) SACR 203 (KZP) (25 November 2022)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
AR336/2021
Judges
Olsen, Balton
The High Court upheld an appeal against sentence for 16 fraud counts, finding the magistrate misdirected herself and substituting a 12-year composite sentence.
Mbanga v S (A263/2018) [2019] ZAGPJHC 333 (12 September 2019)
Court
South Gauteng High Court, Johannesburg
Case number
A263/2018
Judges
T P Mudau, R R D Mokgoatlheng, N P Mngqibisa-Thusi
The appeal court found that the trial Judge properly exercised his discretion in sentencing the appellant to life imprisonment for premeditated murder. The appellant's conduct was pre-planned, cruel, and directed against his wife and minor children, with no genuine remorse demonstrated. The trial Judge considered all relevant factors, including the appellant's personal circumstances and guilty plea, but concluded that these did not outweigh the aggravating circumstances. The prescribed sentence of life imprisonment was appropriate given the seriousness of the offences and the need for effecti…
S v Makhokha and Another (A11/2008) [2008] ZALMPTHC 1 (23 September 2008)
Court
Limpopo High Court, Thohoyandou
Case number
A11/2008
Judges
GNK Hetisani, MM Snyman
The High Court dismissed a sentence appeal, holding there was no misdirection in treating possession of suspected stolen property as theft for sentencing.
S v Mokale (18/05) [2006] ZANWHC 2 (1 January 2006)
Court
North West High Court, Mafikeng
Case number
18/05
Judge
R E Monama
The court found that the appellant's explanation for the late filing of the petition was not convincing, as the automatic review and appeal procedures serve different purposes. Nonetheless, condonation was granted in the interests of justice, following precedent. On the merits, the court held that the Magistrate properly considered the severity and brutality of the assault, the lack of remorse, and the prevalence of such crimes. The Magistrate also took into account the appellant's personal circumstances and exercised judicial discretion appropriately. The sentence of two years' imprisonment…