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South Africa decisions
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S v Roberto In re S v Cumbe (RC07/2021-RC08/2021) [2022] ZAFSHC 133; 2022 (2) SACR 442 (FB) (9 June 2022)
High Court review of two guilty pleas and sentences for motor vehicle theft. The court set aside unlawful sentences imposed under section 276(1)(i) and ordered a trial de novo.
S v Mahlangu (A185/09) [2009] ZAGPPHC 70 (6 March 2009)
High Court review of sentence for theft: conviction confirmed, but the three-year sentence was found too harsh and reduced to two years' imprisonment.
Mouton v S (A179/2006) [2008] ZAWCHC 130 (1 February 2008)
The appeal against conviction was dismissed as the magistrate correctly found, on the basis of circumstantial evidence, that the only reasonable inference was that the appellant herself completed the withdrawal forms and defrauded the bank. The appellant's explanations were improbable and unsupported by the evidence. However, the appeal against sentence succeeded because the magistrate failed to adequately consider the interests of the appellant's minor children as required by section 28(2) of the Constitution and the guidelines set out in M v S. The sentencing court did not investigate how t…
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