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South Africa Case Law

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Criminal Law [2023] ZAKZPHC 65

S v Gumbi and Others (Sentence) (CC24/2023)

S v Gumbi and Others (Sentence) (CC24/2023) [2023] ZAKZPHC 65 (15 June 2023)

Sentencing judgment for armed robbery, attempted murder and firearms offences. The court found no substantial and compelling reasons to depart from minimum sentences.

  • Minimum Sentencing
  • Robbery With Aggravating Circumstances
  • Firearms Control Act
  • Remorse In Sentencing
  • Ubuntu Principle
  • Concurrent Sentences
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Criminal Law [2023] ZANWHC 18

Kgasoane v S (CA13/21)

Kgasoane v S (CA13/21) [2023] ZANWHC 18 (31 January 2023)

Appeal against life sentence for premeditated murder dismissed. The High Court confirmed the minimum sentence and firearm unfitness order.

  • Murder
  • Minimum Sentences
  • Sentencing Discretion
  • Substantial And Compelling Circumstances
  • Firearms Control Act
  • Remorse In Sentencing
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Criminal Law [2022] ZAKZPHC 76

Director of Public Prosecutions, KwaZulu-Natal v A.P (AR336/2021)

Director of Public Prosecutions, KwaZulu-Natal v A.P (AR336/2021) [2022] ZAKZPHC 76; 2023 (1) SACR 203 (KZP) (25 November 2022)

The High Court upheld an appeal against sentence for 16 fraud counts, finding the magistrate misdirected herself and substituting a 12-year composite sentence.

  • Fraud
  • Minimum Sentencing Legislation
  • Mitigation Of Sentence
  • Credit Facility Abuse
  • Corporate Crime
  • Remorse In Sentencing
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Criminal Law [2019] ZAGPJHC 333

Mbanga v S (A263/2018)

Mbanga v S (A263/2018) [2019] ZAGPJHC 333 (12 September 2019)

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…

  • Sentencing Principles
  • Life Imprisonment
  • Substantial And Compelling Circumstances
  • Premeditated Murder
  • Domestic Violence
  • Remorse In Sentencing
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Criminal Law [2009] ZAKZPHC 2

Mbatha v S (AR461/07)

Mbatha v S (AR461/07) [2009] ZAKZPHC 2; 2009 (2) SACR 623 (KZP) (5 March 2009)

The High Court set aside a 20-year sentence for murder and remitted the matter for resentencing after finding procedural unfairness and misdirections.

  • Minimum Sentencing Legislation
  • Murder
  • Aggravating And Mitigating Circumstances
  • Constitutional Right To Fair Trial
  • Remorse In Sentencing
  • Minimum-sentencing
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Criminal Law [2008] ZALMPTHC 1

S v Makhokha and Another (A11/2008)

S v Makhokha and Another (A11/2008) [2008] ZALMPTHC 1 (23 September 2008)

The High Court dismissed a sentence appeal, holding there was no misdirection in treating possession of suspected stolen property as theft for sentencing.

  • Sentencing Discretion
  • Possession Of Suspected Stolen Property
  • Concurrent Vs Consecutive Sentences
  • Remorse In Sentencing
  • Sentencing-discretion
  • Possession-of-suspected-stolen-property
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Criminal Law [2006] ZANWHC 2

S v Mokale (18/05)

S v Mokale (18/05) [2006] ZANWHC 2 (1 January 2006)

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…

  • Assault With Intent To Do Grievous Bodily Harm
  • Sentencing Guidelines
  • Condonation Of Late Filing
  • Remorse In Sentencing
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.