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South Africa Case Law

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Criminal Law [2020] ZAGPPHC 504

Mokoena v S (A859/2013)

Mokoena v S (A859/2013) [2020] ZAGPPHC 504 (25 June 2020)

The High Court partly upheld a sentence appeal, reducing the murder sentence after finding the appellant’s youth and intoxication were substantial and compelling factors.

  • Minimum Sentencing Act
  • Substantial And Compelling Circumstances
  • Sentencing Of Youth Offenders
  • Concurrent Sentences
  • Criminal-sentencing
  • Minimum-sentencing-act
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Criminal Law [2017] ZAGPPHC 1288

State v M (A599-17,259-17,A298-17, 17-17)

State v M (A599-17,259-17,A298-17, 17-17) [2017] ZAGPPHC 1288 (27 November 2017)

High Court review of a child offender’s convictions and sentence. The assault conviction was reduced to common assault, while the 18-month compulsory residence sentence was confirmed.

  • Child Justice Act
  • Assault Common
  • Malicious Injury To Property
  • Sentencing Of Youth Offenders
  • Child-justice-act
  • Common-assault
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Criminal Law [2013] ZAFSHC 85

Mnguni and Another v S (A82/2012)

Mnguni and Another v S (A82/2012) [2013] ZAFSHC 85 (30 May 2013)

The Free State High Court dismissed an appeal against sentence by two youthful offenders convicted of robbery, murder and rape, holding that no sentencing misdirection was shown.

  • Child Justice Act
  • Sentencing Of Youth Offenders
  • Rape
  • Robbery With Aggravating Circumstances
  • Murder
  • Judicial Discretion In Sentencing
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Criminal Law [2009] ZAWCHC 123

S v Visser (A486/2008)

S v Visser (A486/2008) [2009] ZAWCHC 123 (20 February 2009)

The High Court set aside an 18-year-old appellant’s 12-month prison sentence for housebreaking and theft, substituting a wholly suspended six-month term.

  • Sentencing Of Youth Offenders
  • Correctional Supervision
  • Housebreaking And Theft
  • Rehabilitation
  • Suspended Sentence
  • Sentencing
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Criminal Law [2008] ZAWCHC 222

Hendricks v S (A711/2007)

Hendricks v S (A711/2007) [2008] ZAWCHC 222 (21 July 2008)

The court reduced sentence for murder and rape, finding the trial court failed to properly apply section 28 of the Constitution to a youth offender.

  • Sentencing Of Youth Offenders
  • Article 28 Constitution
  • Proportionality In Sentencing
  • Rape
  • Murder
  • Indecent Assault
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Criminal Law [2006] ZAFSHC 124

S v Sefali and Another (947/2006)

S v Sefali and Another (947/2006) [2006] ZAFSHC 124 (2 November 2006)

On sentence review, the High Court set aside 30-month prison terms for two 18-year-old first offenders convicted of robbery and replaced them with wholly suspended sentences.

  • Robbery
  • Sentencing Of Youth Offenders
  • Suspended Sentence
  • Rehabilitation
  • Mitigating Factors
  • Sentencing
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Criminal Law [2005] ZAFSHC 92

S v Belebese (766/2005)

S v Belebese (766/2005) [2005] ZAFSHC 92 (8 August 2005)

On automatic review, the High Court confirmed the conviction of a 17-year-old first offender but found the 12-month prison sentence shockingly inappropriate and replaced it with a wholly suspended sentence.

  • Sentencing Of Youth Offenders
  • Housebreaking And Theft
  • Automatic Review
  • Magistrate Misdirection
  • Sentencing-youth-offenders
  • Housebreaking-theft
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Criminal Law [2001] ZANWHC 29

S v Mahuma (38/01)

S v Mahuma (38/01) [2001] ZANWHC 29 (14 June 2001)

The High Court confirmed a robbery conviction but set aside a ten-month sentence as too severe for a 17-year-old first offender, substituting a partly suspended term.

  • Sentencing Of Youth Offenders
  • Misdirection In Sentencing
  • Robbery
  • Suspension Of Sentence
  • Sentencing-of-youth-offenders
  • Misdirection-in-sentencing
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Criminal Law [2000] ZASCA 91

S v Peterson and Another (374/99)

S v Peterson and Another (374/99) [2000] ZASCA 91; [2001] 2 All SA 349 (A); 2001 (1) SACR 16 (SCA) (21 November 2000)

The court set aside lengthy prison sentences imposed on two juvenile offenders because no proper pre-sentence reports were obtained before sentencing.

  • Sentencing Of Youth Offenders
  • Pre Sentence Reports
  • Murder
  • Joint Criminal Enterprise
  • Criminal-law
  • Sentencing
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Criminal Law [1994] ZASCA 25

S v Kubheka (45/93)

S v Kubheka (45/93) [1994] ZASCA 25 (24 March 1994)

The court set aside a direct prison sentence for a 16-year-old first offender convicted of housebreaking and theft, replacing it with a wholly suspended sentence.

  • Sentencing Of Youth Offenders
  • Housebreaking And Theft
  • Suspended Sentence
  • Judicial Discretion In Sentencing
  • Sentencing-of-youth-offenders
  • Housebreaking-and-theft
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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.