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South Africa decisions
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S v Molehe (R166/2017) [2017] ZAFSHC 185 (26 October 2017)
On special review, the High Court set aside a district court robbery sentence that exceeded jurisdiction and substituted a lawful sentence within the court’s 36-month limit.
S v Motsisi (13/2013) [2013] ZANWHC 87 (29 November 2013)
The court held that section 276B(1) of the Criminal Procedure Act only permits the fixing of a non-parole period where the sentence of imprisonment is two years or longer. Since the accused was sentenced to twelve months imprisonment, the magistrate was not competent to impose a non-parole period. The conviction was confirmed, but the sentence was set aside and substituted with twelve months imprisonment without reference to parole.
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S v Dube (A525/09) [2009] ZAGPPHC 235 (22 June 2009)
The High Court set aside a magistrate’s sentence imposed after a guilty plea under section 112(1)(a) of the Criminal Procedure Act and remitted the matter for resentencing.
S v Motaung (426/08) [2008] ZAFSHC 106 (7 August 2008)
On special review, the High Court set aside an improper sentence imposed after a guilty plea and substituted a lower fine with a suspended alternative.
S v Sephiri (421/08) [2008] ZAFSHC 100 (7 August 2008)
On special review, the High Court set aside an incompetent suspended sentence imposed after a guilty plea and substituted a lawful suspended fine.
S v Ludude (877/2005) [2005] ZAFSHC 131 (25 August 2005)
The reviewing court found that the magistrate over-emphasized the accused's previous conviction and the deterrent objective of sentencing, while insufficiently considering the accused's personal circumstances and the relatively small quantity of dagga involved. The sentence imposed was shockingly severe and inappropriate for a second offender in possession of 855 grams of dagga, especially given the mitigating factors such as youth, remorse, guilty plea, and status as sole breadwinner. The imbalance in weighing aggravating and mitigating factors constituted a material misdirection, rendering…
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S v Xaba (103/2001) [2001] ZANWHC 44 (1 November 2001)
The High Court confirmed the conviction for assault with intent to do grievous bodily harm but replaced an overly narrow suspended-sentence condition.
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