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South Africa decisions
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S v Dashe and Another (1231/2006) [2006] ZAFSHC 1 (1 January 2006)
High Court review of sentence for two juvenile robbery accused. Direct imprisonment was set aside and replaced with wholly suspended five-year sentences.
S v Ndlalose (197/88) [1988] ZASCA 161 (30 November 1988)
The court found that the evidence regarding Bheki's age was inconclusive and unreliable, particularly the expert testimony and the absence of documentary proof. Applying the principle that uncertainty regarding age must be resolved in favour of the accused, the court held that there was a real doubt as to whether Bheki was over 18 at the time of the offences. Consequently, he should have been sentenced as if he were under 18. The court substituted the death sentences with a consolidated sentence of 15 years' imprisonment for the four counts of murder, with all other sentences to run concurren…
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