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South Africa decisions
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S v Joubert (03/2023) [2024] ZANWHC 198 (16 July 2024)
The High Court reviewed an incompetent regional-court sentence and corrected it to five years’ imprisonment under section 276(1)(i) of the CPA.
S v Antonio (136/2024) [2024] ZAWCHC 121; 2024 (2) SACR 62 (WCC) (3 May 2024)
High Court special review set aside a firearm-unfitness order, holding section 103(1) was not triggered without evidence of drug abuse or dealing.
S v Mvelase (R68/23A) [2023] ZAKZPHC 130 (10 November 2023)
The High Court found that the sentence imposed by the magistrate was unduly harsh and inappropriate given the accused's personal circumstances, including his status as a first offender and his low monthly income. The magistrate failed to consider all available sentencing options, particularly the suspension of a portion of the sentence, which would serve as a deterrent while also taking into account the accused's ability to pay and his responsibilities. The court held that the failure to suspend part of the sentence constituted a significant misdirection, justifying intervention on review. Ac…
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S v Mahlasela; S v Rowe; S v Maseko (DR38/2023) [2023] ZAKZDHC 54 (11 August 2023)
High Court special review confirming convictions and sentences in two sexual offence matters, and ordering reconstruction of an incomplete record in the third.
S v Makubo (R27/2023; Ash 18/20) [2023] ZAFSHC 109 (11 April 2023)
The High Court reviewed and set aside a six-year sentence imposed under section 276(1)(i) of the Criminal Procedure Act, substituting the lawful five-year maximum.
S v Mlambo and Others (R73/2020) [2021] ZAFSHC 48 (24 February 2021)
The High Court reviewed an impermissible trespassing sentence, replacing it with two years’ imprisonment from 23 August 2019 and ordering concurrency with related sentences.
S v Motake (R25/2018) [2018] ZAFSHC 37 (15 March 2018)
On special review, the High Court corrected an ambiguous magistrate’s sentence for speeding, substituting a clear suspended fine and imprisonment order.
S v Rantsie (159/17) [2017] ZAGPPHC 872 (6 September 2017)
The High Court reviewed a magistrate’s sentence for housebreaking and corrected an overly broad suspended-sentence condition that referred to any offense.
S v Rasena (CA&R247/2016) [2016] ZAECGHC 78; 2017 (1) SACR 565 (ECG) (13 September 2016)
Review of criminal convictions and firearm-fitnes enquiry. Count 2 conviction and sentence were set aside because section 112(1)(a) was misapplied.
National Director of Public Prosecutions v M and Others (A49/2016) [2016] ZAFSHC 126 (4 August 2016)
The court found that the sentence imposed by the magistrate was shockingly inappropriate given the trivial nature of the damage (R24.60) and the fact that the only relevant previous conviction for a similar offence was committed more than ten years ago. While the accused had other previous convictions, most were old and not directly relevant to the current charge. The court confirmed the conviction but set aside the sentence, remitting the matter to the magistrate for fresh sentencing in accordance with principles of proportionality and fairness.
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