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South Africa decisions
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Nogoli v S (CA & R 8/2018) [2018] ZANCHC 57 (18 June 2018)
On appeal, the High Court set aside a life sentence for rape and replaced it with 15 years’ imprisonment after finding sentencing misdirections.
Abram de Sousa v S (334/11) [2011] ZASCA 215 (29 November 2011)
The Supreme Court of Appeal held that the high court erred by granting leave to appeal to the Supreme Court of Appeal instead of to itself, as the statutory scheme requires appeals from lower courts to be heard first by the high court. The central issue was whether the appellant had reasonable prospects of success on appeal against his convictions and sentences. The court found that the complainant's evidence, as a single witness, was challenged on several grounds, including contradictions and lack of corroboration, and that the expert evidence regarding her truthfulness was arguably inadmiss…
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S v Kali [2010] ZAECGHC 113 (25 November 2010)
The court found that the prescribed minimum sentence of 15 years imprisonment for both robbery with aggravating circumstances and unlawful possession of a semi-automatic firearm was manifestly unjust and disproportionate given the appellant's youth, first offender status, and the factual background of the offences. The appellant's acquisition of the firearm was accidental, the robbery was spontaneous, and there was no evidence of serious harm to the victim. The magistrate erred in failing to give sufficient weight to these mitigating circumstances. Consequently, the sentences were set aside a…
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