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South Africa Case Law

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Criminal Law [2019] ZAGPJHC 402

Miti v S (A35/2007)

Miti v S (A35/2007) [2019] ZAGPJHC 402 (18 October 2019)

Court
South Gauteng High Court, Johannesburg
Case number
A35/2007
Judges
A Crutchfield, RM Keightley

The appeal was upheld on the basis that the trial court failed to consider the guidelines articulated in S v M and did not obtain a pre-sentence and correctional supervision report, resulting in a misdirection. Both parties agreed that the requirements of sections 28(1)(b) and 28(2) of the Constitution were not properly considered. The High Court set aside the sentence and remitted the matter to the trial court for reconsideration of sentence, instructing the trial court to procure the necessary reports and apply the constitutional and case law guidelines to ensure the best interests of the a…

Source excerpt

  • Sentencing Guidelines
  • Section 28 Child Rights
  • Fraud
  • Pre Sentence Report
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Constitutional Law [2009] ZACC 18

Centre for Child Law v Minister for Justice and Constitutional Development and Others (CCT98/08)

Centre for Child Law v Minister for Justice and Constitutional Development and Others (CCT98/08) [2009] ZACC 18; 2009 (2) SACR 477 (CC) ; 2009 (6) SA 632 (CC) ; 2009 (11) BCLR 1105 (CC) (15 July 2009)

Court
Constitutional Court
Case number
CCT98/08
Judges
Cameron, Langa, Moseneke, Mokgoro, O'Regan, Sachs, Van der Westhuizen, Yacoob, Ngcobo, Nkabinde, Skweyiya

The majority of the Constitutional Court held that the application of minimum sentencing provisions to offenders aged 16 and 17 years old is inconsistent with section 28(1)(g) and 28(2) of the Constitution. The impugned provisions remove the constitutionally mandated distinction between children and adults, impose harsher sentences, and undermine the principles of imprisonment as a last resort and for the shortest appropriate period. The Minister failed to provide sufficient justification for this limitation under section 36. The Court declared the relevant sections of the Criminal Law Amendm…

Source excerpt

  • Bill Of Rights Limitation
  • Minimum Sentencing
  • Juvenile Justice
  • Section 28 Child Rights
  • Statutory Invalidity
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.