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South Africa decisions
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Kalane v S (CA20/2019; RC2/90/2017) [2024] ZANWHC 108 (16 April 2024)
The High Court dismissed an appeal against sentence, confirming 20 years’ imprisonment for rape after the trial court found substantial and compelling circumstances.
Nyalenda v S (CA 71/2019) [2024] ZANWHC 117 (16 April 2024)
The appeal court found that the trial court properly considered all relevant evidence and personal circumstances of the appellant, including his intoxication, previous convictions, age, and time spent in custody. The trial court correctly applied the statutory framework for minimum sentencing, noting that the appellant raped the complainant multiple times over several days, which triggers the prescribed sentence of life imprisonment under section 51(1) of the Criminal Law Amendment Act. The factors advanced by the appellant, such as lack of serious physical injury and personal circumstances,…
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Selebalo v S (CA48/2019; RC2/2015) [2024] ZANWHC 110 (16 April 2024)
The court found that the sentencing court correctly considered the appellant's youth and prospects of rehabilitation as substantial and compelling circumstances, justifying deviation from the prescribed sentence of life imprisonment. However, the seriousness of the offence, the interests of society, and the aggravating circumstances warranted a lengthy sentence. The court a quo did not misdirect itself nor did it over-emphasise aggravating factors. The sentence of 25 years' imprisonment was not shockingly inappropriate or disproportionate. The appeal against sentence was therefore dismissed.
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Kammies v S (CA&R 1/2022) [2024] ZANCHC 5 (26 January 2024)
Appeal against a life sentence for rape was dismissed. The High Court found no substantial and compelling reasons to depart from the prescribed minimum sentence.
Rooibaardt v S (CA&R 30/2022) [2023] ZANCHC 78 (27 October 2023)
The High Court dismissed an appeal against a life sentence for rape of an 8-year-old complainant, finding no substantial and compelling circumstances.
Mokgepa v S (A229/2022) [2023] ZAGPPHC 681 (10 July 2023)
The High Court dismissed a sentence appeal in a murder and robbery case, holding that the 40-year effective sentence was not shockingly inappropriate.
Mkhwanazi v S (A91/2022) [2023] ZAFSHC 61 (9 March 2023)
The High Court dismissed a sentencing appeal, finding no basis to interfere with life sentences for robbery and murder and no substantial and compelling circumstances.
Ramakhuba v S (A72/2020) [2020] ZAGPJHC 385 (26 October 2020)
Appeal against sentence for kidnapping and robbery with aggravating circumstances dismissed. The High Court held no basis to depart from prescribed minimum sentences.
Daile v S (A667/16) [2019] ZAGPPHC 1042 (4 March 2019)
The court found that the complainant's evidence was coherent, credible, and supported by medical testimony and the appellant's own admissions. The absence of DNA evidence and minor contradictions did not create reasonable doubt. The appellant's version was found to be unreliable and tailored. The trial court correctly convicted the appellant of rape. Regarding sentence, the court held that the circumstances did not amount to substantial and compelling reasons to depart from the prescribed minimum sentence of life imprisonment. The gravity of the offence, the age and vulnerability of the victi…
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Mofokeng and Another v S (A38/2015) [2016] ZAFSHC 96 (22 April 2016)
Appeal against sentence in rape and robbery matter. Life imprisonment for rape was confirmed, but the robbery sentence was reduced to five years.
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