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South Africa decisions
Decisions matching the current search
S v Nabo (CA&R195/2017) [2017] ZAECGHC 84 (11 July 2017)
On special review, the High Court set aside a magistrate’s sentence for stock theft because it exceeded the magistrates’ court’s statutory sentencing power.
S V Montshioa (A510/2016) [2016] ZAGPPHC 640 (29 July 2016)
High Court special review of sentence: an eight-year sentence imposed under section 276(1)(i) of the Criminal Procedure Act was set aside and the matter remitted.
S v Mosia (A553/15) [2015] ZAGPPHC 977 (12 August 2015)
High Court review of a magistrate’s sentence for failure to appear. The original sentence was found unlawful and replaced with a lower, lawful sentence.
Zono v S (20182/2014) [2014] ZASCA 188 (27 November 2014)
The Supreme Court of Appeal held that the fixing of a non-parole period constitutes an increase in penalty and cannot operate retrospectively. At the time the offences were committed in July 1995, there was no legislative provision authorising courts to stipulate non-parole periods; parole was within the discretion of the executive under the Correctional Services Act 8 of 1959. Section 276B of the Criminal Procedure Act, which empowers courts to fix non-parole periods, was only introduced in 2004 and does not apply to offences committed prior to its commencement. The full court's order fixing…
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S v Van Wyk (35/2014) [2014] ZAFSHC 43 (20 March 2014)
On special review, the High Court set aside a theft conviction and wholly suspended sentence imposed under section 112(1)(a), holding the procedure and sentence were incompetent.
S v Maine and Others (211/2013) [2013] ZAFSHC 159 (22 August 2013)
The Free State High Court set aside convictions and sentences imposed under section 112(1)(a) because the procedure and punishment exceeded lawful limits.
S v Lewis du Plessis (75/2013) [2013] ZAFSHC 129 (11 July 2013)
On special review, the High Court confirmed the conviction for assault but set aside an excessive sentence imposed under section 112(1)(a).
S v Maya (CA&R No 300/2012) [2012] ZAECGHC 76 (17 September 2012)
The court found that the sentence imposed by the magistrate, which included both a fine and a wholly suspended term of imprisonment, was incompetent under section 89(5) of the National Road Traffic Act 93 of 1996. The statute prescribes that a person convicted of reckless driving is liable to either a fine or imprisonment, but not both. Previous case law confirms that where the statute omits the phrase 'or both', courts may not impose both forms of punishment. The court set aside the additional portion of the sentence and confirmed that the sentence of R6,000.00 or 4 months imprisonment was a…
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S v Malotwane (CA&R 94/2011) [2012] ZANCHC 42 (1 August 2012)
Appeal against sentence for reckless driving and drunk driving. The court found the magistrate’s cumulative sentence incompetent and replaced it with fines or six months’ imprisonment on each count.
S v Molekoa (HC. 40/12) [2012] ZANWHC 13 (26 April 2012)
On special review, the High Court found the magistrate had exceeded sentencing jurisdiction under section 72(4) and substituted a caution and discharge.
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