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South Africa decisions
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Modiboa v S (Appeal) (CA30/2024) [2025] ZANWHC 127 (25 July 2025)
The High Court granted condonation but dismissed a sentence appeal, confirming a 25-year murder sentence after finding no material misdirection.
S v D.F (Sentence) (KS23/23) [2025] ZANCHC 58 (25 July 2025)
The High Court sentenced an accused, convicted under the statutory voluntary-intoxication offence, to an effective five years' imprisonment for assault, kidnapping, murder and property damage.
Masigo v S (Sentence Appeal) (CA53/2024) [2025] ZANWHC 112 (3 July 2025)
The High Court dismissed a sentence appeal and confirmed eight years’ direct imprisonment for theft out of a motor vehicle.
S v Dyabana and Others (Sentence) (CC64A/2024) [2025] ZAECELLC 14 (2 July 2025)
The court found that the offences were violent, planned, and executed with disregard for the victims' rights and well-being. The accused showed no remorse and the impact on victims and the community was severe, including loss of life, limb, and significant financial loss. While the accused had no previous convictions and were relatively young, these factors did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentences for robbery with aggravating circumstances and attempted murder. The court applied the triad approach, balancing the seri…
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S v N.M (Sentence) (CC03/2025) [2025] ZAECMHC 59 (20 June 2025)
Sentencing judgment for murder and housebreaking. The court found substantial and compelling circumstances and imposed 8 years plus two 15-year terms, with concurrency.
Mokone v S (A35/2017) [2025] ZAGPJHC 622 (20 June 2025)
The High Court upheld the appeal on the second Omar robbery counts, finding identification evidence unreliable, but dismissed the appeal on the Viviers robbery and sentence.
Van Jaarsveld v S; Ras v S (1105/2023; 885/2024) [2025] ZASCA 92 (20 June 2025)
The Supreme Court of Appeal found that section 298 of the Criminal Procedure Act does not empower a trial court to alter a verdict after it has been pronounced; any such amendment constitutes a material misdirection. The trial court erred in convicting Van Jaarsveld on forgery after initially acquitting him, and this conviction was set aside. Regarding sentence, the Court held that both trial courts failed to adequately consider the appellants' personal circumstances, the impact on minor children, and the cumulative effect of sentences. The sentences imposed were found to be unduly harsh and…
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S v B.C.W and Another (Sentence) (CC74/2021) [2025] ZAWCHC 255 (19 June 2025)
The court found that the offences committed by Mr. Davids were marked by exceptional brutality, targeting elderly and vulnerable victims in their home during prayer. The attack resulted in the death of Mr. D[...] and serious injury to Mrs. D[...], with lasting trauma to the surviving victims and their family. The accused acted in concert with others in a premeditated and coordinated manner, and his conduct during proceedings reflected a lack of respect for human life and dignity. The accused's personal circumstances, including alleged trauma and unsubstantiated claims of dependents, did not a…
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S v Hofmeester and Another (Sentence) (CC25/2020) [2025] ZAWCHC 278 (17 June 2025)
The court found that the murder of the five-year-old victim was senseless, brutal, and committed in furtherance of a common purpose by gang-affiliated accused using unlicensed firearms. The accused did not demonstrate genuine remorse, continued to mislead the court, and failed to accept responsibility. Their personal circumstances, including pre-sentence detention, did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentence of life imprisonment. The interests of society, the severity of the offences, and the devastating impact on the vi…
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Mathuthu and Other v S (A56/2024) [2025] ZAGPJHC 600 (13 June 2025)
The High Court upheld a sentence appeal, setting aside unclear regional court sentencing orders and replacing them with concurrent sentences effective from 5 October 2016.
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