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South Africa decisions
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D.H v S (Appeal) (A173/2024) [2025] ZAWCHC 269 (25 June 2025)
The High Court dismissed a criminal appeal against rape and common assault convictions, finding the complainant credible and the sentence justified.
M.E.M v S (A67/2024) [2025] ZAGPPHC 227 (6 March 2025)
Appeal against a life sentence for raping the appellant’s minor daughter was dismissed. The High Court found no substantial and compelling circumstances.
S v Minnaar (Sentence) (CC 68/2020) [2025] ZAWCHC 62 (18 February 2025)
The court found that the offences committed by the accused were exceptionally brutal, premeditated, and aggravated by the abuse of a position of trust and the vulnerability of the minor victim. The psychiatric and psychological reports indicated that the accused has antisocial and psychopathic traits, lacks genuine remorse, and poses an ongoing danger to society. The court held that there are no substantial and compelling circumstances to justify deviation from the mandatory life sentences prescribed for rape and murder under the Criminal Law Amendment Act. The request for sentencing under se…
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Emmanuel v S (A84/2022) [2025] ZAGPJHC 76 (31 January 2025)
The High Court dismissed a criminal appeal against convictions for murder and defeating the ends of justice, and upheld the sentence imposed.
Economic Freedom Fighters and Others v Chairperson of the Powers and Privileges Committee N.O and Others (23230/2023) [2024] ZAWCHC 192; 2024 (10) BCLR 1328 (WCC); 2024 (6) SA 474 (WCC) (26 July 2024)
The court held that Parliament has the constitutional authority to discipline its members through procedures established by the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act and National Assembly Rules. There is no constitutional requirement for an independent third party to conduct disciplinary inquiries, nor does the absence of detailed sentencing guidelines in s 12(5) of the Act render the process unconstitutional. The applicants failed to challenge the merits of their conviction and based their review solely on procedural grounds, none of which were subst…
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S v Farrel (CC56/2023) [2024] ZAGPPHC 1039 (25 July 2024)
The High Court sentenced Wayne Robert Farrel to life imprisonment for murder, eight years for attempted murder, and 15 years for robbery with aggravating circumstances.
Ruiters v S (A125/2022) [2024] ZAWCHC 166; 2024 (2) SACR 570 (WCC) (18 June 2024)
The court held that there is no rational basis for distinguishing between previous convictions for rape under the common law and those under the Sexual Offences Act for purposes of minimum sentence legislation. The expanded statutory definition of rape in section 3 of the Sexual Offences Act subsumes the essential elements of the common law offence. The court disagreed with the reasoning in S v Jacobs and found that previous common law convictions for rape must be taken into account when sentencing under section 51(2)(b). The appellant's personal circumstances and criminal record did not pres…
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S v Tsiane and Another (Sentence) (CC41/2023) [2024] ZAGPPHC 477 (25 April 2024)
The court found that the murder was premeditated and committed in furtherance of a common purpose, with both accused acting together to attack and set the deceased alight. The injuries sustained by the deceased were severe and indicative of extreme violence and disregard for human life. The personal circumstances of the accused, including their status as first offenders, roles as breadwinners, and time spent in custody, were considered but found to be ordinary and not substantial or compelling. Neither accused demonstrated genuine remorse or took the court into their confidence regarding thei…
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S v Chauke (Sentence) (CC46/2023) [2024] ZAGPPHC 219 (11 March 2024)
The High Court imposed three life terms and 226 years’ imprisonment for murder, gang rape, robbery, kidnapping, firearms offences, escape, and immigration contraventions.
Godla v S (CA 48/2018) [2023] ZANWHC 238 (22 December 2023)
Criminal appeal against rape conviction and life sentence dismissed. Court upheld child witness evidence, identification, and rejection of the appellant’s alibi.
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