South Africa Case Law

S v Esau (199/21)

S v Esau (199/21) [2021] ZAWCHC 140 (30 July 2021)

Court

Western Cape High Court, Cape Town

Case number

199/21

Judges

Lekhuleni, Mantame

The reviewing court found that the trial magistrate, in reconsidering the sentence after breach of correctional supervision, imposed an alternative sentence of eighteen months' direct imprisonment in addition to the original suspended sentence of eighteen months. This resulted in a cumulative sentence of thirty-six months' imprisonment, which, while within the jurisdictional limit, was disproportionate and unduly harsh given the circumstances. The reviewing court held that only the correctional supervision component could be reconsidered, and the new sentence must be appropriate and proportio…

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• Correctional Supervision
• Sentence Reconsideration
• Magistrates Court Jurisdiction
• Proportionality Of Sentence
• Robbery
• Suspended Sentence

S v Bashford (CC54/94)

S v Bashford (CC54/94) [2015] ZAGPPHC 146 (13 March 2015)

Court

North Gauteng High Court, Pretoria

Case number

CC54/94

Judge

Mudau TP

The High Court converted Bashford’s indefinite sentence into three years’ correctional supervision with strict community-corrections conditions.

• Dangerous Criminal Declaration
• Sentence Reconsideration
• Correctional Supervision
• Community Corrections
• Parole Board Report
• Sentence-reconsideration

S v Chairperson of the East London Correctional Services Parole Board N.O (CC35/2006)

S v Chairperson of the East London Correctional Services Parole Board N.O (CC35/2006) [2008] ZAECHC 84 (20 June 2008)

Court

High Courts - Eastern Cape

Case number

CC35/2006

Judge

Chetty

The High Court converted Riana Odendaal’s six-year fraud sentence to correctional supervision after finding genuine remorse, rehabilitation, and strong reintegration prospects.

• Correctional Supervision
• Sentence Reconsideration
• Criminal Procedure Act
• Fraud
• Mitigating Factors
• Correctional-supervision

Price v Minister of Correctional Services (511/2006)

Price v Minister of Correctional Services (511/2006) [2007] ZASCA 156; [2007] SCA 156 (RSA); [2008] 1 All SA 455 (SCA) ; 2008 (2) SACR 64 (SCA) (28 November 2007)

Court

Supreme Court of Appeal

Case number

511/2006

Judges

Scott, Nugent, Van Heerden, Mlambo, Kgomo

The Supreme Court of Appeal held that the phrase 'date of release' in section 276A(3)(a)(ii) of the Criminal Procedure Act 51 of 1977, for prisoners subject to the Correctional Services Act 8 of 1959, must be interpreted as the earliest date on which the prisoner may be considered for placement on parole or the date of sentence expiration, whichever occurs first. This interpretation is mandated by the deeming provision in section 63(1)(b)(i) of the 1959 Act. The court found that the contrary interpretation adopted in Steenkamp and followed by the court a quo was incorrect. The court further h…

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• Correctional Supervision
• Parole Eligibility
• Sentence Reconsideration
• Interpretation Of Statutes

S v Motlhoki (CA 164/04)

S v Motlhoki (CA 164/04) [2005] ZANWHC 28 (7 April 2005)

Court

North West High Court, Mafikeng

Case number

CA 164/04

Judge

M M Leeuw

The court reconsidered a sentence under section 276A(3), found the prisoner rehabilitated, and substituted the original sentence with correctional supervision.

• Correctional Supervision
• Culpable Homicide
• Sentence Reconsideration
• Rehabilitation
• Criminal Procedure Act
• Correctional-supervision