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South Africa decisions
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M.P and Others v S (CA152/2016) [2017] ZAECGHC 2 (10 January 2017)
Sentence appeal by child offenders partly succeeded only to antedate imprisonment for pre-sentence custody; other sentencing challenges failed.
S v Msibi (A436/16) [2016] ZAGPPHC 503 (30 June 2016)
The sentence imposed by the magistrates' court exceeded both the maximum period of imprisonment and the maximum fine permitted under section 112(1)(a) of the Criminal Procedure Act at the time of the offence. The statutory maximum was 3 months imprisonment or a fine of R1,500. The subsequent increase to 6 months and R5,000 did not apply retroactively. The conviction was lawful, but the sentence was not. Therefore, the sentence must be set aside and substituted with a sentence compliant with the law as it stood at the time of the offence.
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S v S.N and Another (SHE 59/14) [2015] ZAWCHC 5 (9 January 2015)
The sentencing magistrate failed to apply the correct constitutional and statutory framework for sentencing children. The accused were under 18 at the time of the offence and arrest, qualifying them for sentencing as children under the Child Justice Act, regardless of their age at sentencing. The magistrate erred by relying on hearsay evidence in probation officer reports that contradicted the plea statements, without obtaining unequivocal admission or oral evidence to resolve factual disputes. The magistrate also failed to consider sentencing options such as compulsory residence in a youth c…
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S v Smith (227/2014) [2014] ZAFSHC 234 (4 December 2014)
On special review, the High Court confirmed a theft conviction but set aside a three-month prison sentence imposed after a section 112(1)(a) plea.
S v Goliath (CA&R36/2014) [2014] ZAECGHC 4; 2014 (2) SACR 290 (ECG) (17 February 2014)
The High Court held that the regional magistrate was indeed functus officio after sentencing the accused to compulsory residence at the Bhisho Child and Youth Care Centre and the accused's admission thereto. The closure and dysfunction of the Bhisho facility constituted subsequent events justifying review of the sentence, but did not confer jurisdiction on the magistrate to impose an alternative sentence without the original sentence being set aside. The only lawful mechanism for altering the sentence was by way of review or appeal. The orders made in related proceedings did not override thes…
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S v Mdebele (74/2013) [2013] ZAFSHC 130 (11 July 2013)
The High Court confirmed a guilty conviction for dealing in cannabis but set aside an unlawful sentence that conflicted with the Drugs Act and substituted a compliant custodial sentence.
Sondela v S (A204/2009) [2012] ZAFSHC 72 (19 April 2012)
The Free State High Court set aside a theft conviction where the State relied on inconsistent single-witness co-accused evidence and no corroboration.
Madonci v S (A283/2010) [2012] ZAFSHC 56 (5 April 2012)
High Court appeal on sentence for housebreaking with intent to rob and robbery. The trial court misdirected itself by imposing two sentences for one count.
S v Ntlhola (569/2010) [2012] ZAFSHC 67 (26 March 2012)
On special review, the High Court confirmed theft convictions entered after a guilty plea but set aside a fine that exceeded the statutory limit under section 112(1)(a).
S v Ruiter (311/2010) [2011] ZAWCHC 265 (14 June 2011)
Automatic review of a child offender’s conviction and sentence was held to apply under section 85(1) of the Child Justice Act, despite legal representation.
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