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South Africa Case Law

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Criminal Law [2013] ZAECGHC 79

S v Mankayi (243/2013)

S v Mankayi (243/2013) [2013] ZAECGHC 79 (15 August 2013)

High Court review of a juvenile murder sentence. The court held the magistrate improperly relied on unproven prior convictions and imposed sentence afresh.

  • Child Justice Act
  • Sentencing Of Juveniles
  • Admissibility Of Previous Convictions
  • Murder
  • Magistrate Misdirection
  • Juvenile-sentencing
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Criminal Law [2011] ZASCA 177

Fredericks v S (208/2011)

Fredericks v S (208/2011) [2011] ZASCA 177; 2012 (1) SACR 298 (SCA) (29 September 2011)

The Supreme Court of Appeal reduced a juvenile offender’s sentence, finding misdirection in applying minimum-sentence rules and failing to account for concurrency and youth.

  • Sentencing Of Juveniles
  • Minimum Sentence Legislation
  • Robbery With Aggravating Circumstances
  • Rape
  • Constitutional Rights Of Children
  • Sentencing-of-juveniles
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Criminal Law [2008] ZAWCHC 100

Oliver v S (A384/2007)

Oliver v S (A384/2007) [2008] ZAWCHC 100; 2010 (1) SACR 342 (C) (22 January 2008)

The High Court upheld an appeal against sentence, finding a material misdirection in failing to consider section 28 of the Constitution when sentencing a juvenile offender.

  • Sentencing Of Juveniles
  • Section 28 Constitution
  • Material Misdirection
  • Appeal Procedure
  • Condonation Of Late Filing
  • Juvenile-sentencing
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Criminal Law [2005] ZAFSHC 145

S v Mofokeng (1284/2005)

S v Mofokeng (1284/2005) [2005] ZAFSHC 145 (10 November 2005)

High Court review of sentence for a 17-year-old convicted of housebreaking and theft. The conviction stood, but the 36-month sentence was reduced to 24 months.

  • Sentencing Of Juveniles
  • Mitigating And Aggravating Factors
  • Housebreaking And Theft
  • Juvenile-sentencing
  • Criminal-sentencing
  • Housebreaking-theft
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Criminal Law [1988] ZASCA 105

S v Quandu and Others (378/87)

S v Quandu and Others (378/87) [1988] ZASCA 105 (22 September 1988)

Appeal against sentence for public violence and an Internal Security Act offence. Juvenile appellants’ sentences were set aside for resentencing after probation reports.

  • Sentencing Of Juveniles
  • Public Violence
  • Probation Officer Reports
  • Mitigating Factors
  • Procedural Irregularity
  • Juvenile-sentencing
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Criminal Law [1986] ZASCA 71

S v Steyn (63/86)

S v Steyn (63/86) [1986] ZASCA 71 (30 May 1986)

The Appeal Division set aside prison sentences for two juvenile robbers, holding that the trial court gave insufficient weight to expert evidence and probation recommendations.

  • Sentencing Of Juveniles
  • Robbery With Aggravating Circumstances
  • Suspended Sentence
  • Probation Officer Reports
  • Mitigation Of Sentence
  • Juvenile-sentencing
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.