South Africa Case Law

Evans v S (171/2022)

Evans v S (171/2022) [2023] ZASCA 123; 2023 (2) SACR 541 (SCA) (26 September 2023)

Court

Supreme Court of Appeal

Case number

171/2022

Judges

Saldulker, Carelse, Hughes, Nhlangulela, Mali

The Supreme Court of Appeal held that the prescribed minimum sentence under section 51(2)(a) of the Criminal Law Amendment Act 105 of 1997 does not apply where none of the individual counts of fraud exceeds R500,000, even if the cumulative amount is higher. The trial court misdirected itself by applying the minimum sentence legislation to the appellant. The Court found that the appellant's personal circumstances, including being a first offender, primary caregiver, and having made partial restitution, warranted a lesser sentence. The interests of society and the gravity of the offence justifi…

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• Fraud
• Minimum Sentencing
• Criminal Law Amendment Act
• Sentencing Disparity
• Common Purpose

S v Gcuwa and Others (CC15/2019)

S v Gcuwa and Others (CC15/2019) [2022] ZAECQBHC 28 (7 September 2022)

Court

Eastern Cape High Court, Gqeberha

Case number

CC15/2019

Judge

Gqamana

The court considered the seriousness of the offences, the prescribed minimum sentences, and the personal circumstances of each accused. For accused 1 and 2, despite their dominant roles and the gravity of the offences, factors such as their ages, status as first offenders (except accused 2), four years of pretrial detention, and prospects of rehabilitation constituted substantial and compelling circumstances justifying deviation from the minimum sentences. Accused 3's role was limited to providing information, with no physical involvement or benefit from the robbery, and she accepted responsi…

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• Minimum Sentencing
• Robbery With Aggravating Circumstances
• Murder Common Purpose
• Attempted Murder
• Unlawful Possession Of Firearms
• Sentencing Disparity

Thembinkosi Mekuto v The State (1120/2020)

Thembinkosi Mekuto v The State (1120/2020) [2022] ZASCA 86 (8 June 2022)

Court

Supreme Court of Appeal

Case number

1120/2020

Judges

Molemela, Gorven, Hughes, Tsoka, Musi

The Supreme Court of Appeal found that, except for the attempted murder charge, the applicant failed to demonstrate special circumstances warranting reconsideration or variation of the refusal of leave to appeal. The sentences imposed for robbery with aggravating circumstances, murder, and possession of firearms and ammunition were justified under the CLAA, and no misdirection was found. However, in respect of attempted murder, the circumstances were identical to those of Mr Mpuqe, whose sentence was reduced to 10 years' imprisonment. The applicant's level of participation and personal circum…

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• Special Leave To Appeal
• Sentencing Disparity
• Attempted Murder
• Minimum Sentences
• Common Purpose
• Firearms Control

Tatz v S (A272/2017)

Tatz v S (A272/2017) [2018] ZAFSHC 113 (5 July 2018)

Court

Free State High Court, Bloemfontein

Case number

A272/2017

Judges

Q Nulliah, M.H. Rampai, P.E. Molitsoane

Appeal against convictions for robbery with aggravating circumstances and murder dismissed; the High Court upheld accomplice evidence, recent possession, and sentence.

• Robbery With Aggravating Circumstances
• Murder
• Accomplice Evidence
• Minimum Sentencing
• Recent Possession
• Sentencing Disparity

Ntoyana v S (A228/17)

Ntoyana v S (A228/17) [2018] ZAFSHC 14 (8 March 2018)

Court

Free State High Court, Bloemfontein

Case number

A228/17

Judges

M Murray, M A Mathebula

Appeal against sentence upheld in a culpable homicide and attempted murder case; the High Court reduced the culpable homicide term and ordered concurrency.

• Culpable Homicide
• Attempted Murder
• Sentencing Disparity
• Concurrent Sentences
• Mitigating Factors
• Criminal-sentencing

Director of Public Prosecutions, Gauteng Divsion, Pretoria v Tsotetsi (170/2017)

Director of Public Prosecutions, Gauteng Divsion, Pretoria v Tsotetsi (170/2017) [2017] ZASCA 83; 2017 (2) SACR 233 (SCA) (2 June 2017)

Court

Supreme Court of Appeal

Case number

170/2017

Judges

Leach, Saldulker, Zondi, Mathopo, Coppin

The Supreme Court of Appeal held that life imprisonment was the proper sentence for two premeditated murders, finding no substantial and compelling circumstances.

• Prescribed Minimum Sentence
• Substantial And Compelling Circumstances
• Premeditated Murder
• Contract Killing
• Sentencing Disparity
• Remorse

Fani v S (CC55/2016)

Fani v S (CC55/2016) [2017] ZAECBHC 2 (2 May 2017)

Court

Eastern Cape High Court, Bhisho

Case number

CC55/2016

Judge

Mbenenge

The High Court refused leave to appeal against two life sentences for rape and a five-year kidnapping sentence, finding no reasonable prospects of success.

• Sentencing Disparity
• Life Imprisonment
• Rehabilitation
• Remorse
• Repeat Offender
• Criminal-law

Mcatshukelwa v S (CA&R290/2016)

Mcatshukelwa v S (CA&R290/2016) [2017] ZAECGHC 34 (16 March 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R290/2016

Judges

NG Beshe, GH Bloem

Appeal against a 10-year sentence for robbery with aggravating circumstances dismissed; the court upheld the magistrate’s sentence disparity based on prior robbery conviction.

• Sentencing Disparity
• Aggravating Circumstances
• Minimum Sentences
• Robbery
• Appellate Interference
• Criminal-sentencing

Afrika v S (CA&R67/2015)

Afrika v S (CA&R67/2015) [2016] ZANCHC 23 (1 July 2016)

Court

Northern Cape High Court, Kimberley

Case number

CA&R67/2015

Judges

Olivier, Murray

The High Court set aside a life sentence for murder and replaced it with 25 years’ imprisonment, finding the original sentence disproportionately harsher than a co-accused’s.

• Minimum Sentences Act
• Sentencing Disparity
• Common Purpose Liability
• Remorse And Mitigation
• Proportionality Of Sentence
• Criminal-sentencing

S v Makhetha (A162/2015)

S v Makhetha (A162/2015) [2015] ZAFSHC 221 (12 November 2015)

Court

Free State High Court, Bloemfontein

Case number

A162/2015

Judges

Rampai, Lekale

High Court appeal against a rape sentence succeeded after the court found the life term disproportionate and substituted 18 years' imprisonment.

• Rape
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Sentencing Disparity
• Mitigating And Aggravating Factors
• Criminal-law