South Africa Case Law

Kunene v S (A75/2023)

Kunene v S (A75/2023) [2024] ZAGPJHC 515 (27 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A75/2023

Judges

Mabesela, Kuny

The appeal court found that the magistrate properly exercised discretion in sentencing, taking into account the appellant's personal circumstances, previous conviction, and the time spent awaiting trial. The magistrate was aware of the prescribed minimum sentence for a second offender but chose not to impose it, finding no substantial and compelling factors to deviate from the minimum. The court held that there was no irregularity or misdirection in the sentencing process and that the sentence imposed was not disturbingly inappropriate. Consequently, there was no basis for appellate interfere…

Source excerpt

• Sentencing Prerogative
• Minimum Sentences
• Aggravating Circumstances
• Concurrent Sentences
• Mitigating Factors

Mahlangu v S (A176/2022)

Mahlangu v S (A176/2022) [2023] ZAFSHC 269 (10 July 2023)

Court

Free State High Court, Bloemfontein

Case number

A176/2022

Judges

Reinders, Berry

The High Court dismissed an appeal against convictions for kidnapping and rape, finding the complainant’s evidence was properly corroborated and the sentences justified.

• Rape
• Kidnapping
• Single Witness Evidence
• Sentencing Prerogative
• Corroboration
• Appeal Dismissal