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South Africa decisions
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S v Heugh (A99/2023) [2025] ZAWCHC 150 (27 March 2025)
The High Court dismissed Marlon Heugh’s appeal against sentence for two murders, holding that the Regional Magistrate properly applied minimum sentencing law.
S v Maaga (CC72/2023) [2024] ZAGPPHC 1377 (25 October 2024)
High Court sentencing judgment imposing life imprisonment and related terms for trafficking, robbery, extortion, and firearms-related offences.
S v Msweli (Sentence) (SS 20/2023) [2024] ZAGPJHC 987 (25 September 2024)
The High Court sentenced Veli Siyabonga Msweli to life imprisonment for murder, finding no substantial and compelling reasons to depart from the prescribed minimum.
S v Vaaiboom (K/S11/2022) [2023] ZANCHC 33 (3 February 2023)
The court found that the murders were committed under brutal and premeditated circumstances against unarmed relatives, including a police officer, in their homes. The accused's drug use did not sufficiently diminish his capacity, and the psychiatric evidence confirmed he could appreciate the wrongfulness of his actions. The accused's personal circumstances, including his dysfunctional family background and history of substance abuse, were considered but found to be outweighed by the seriousness and aggravating nature of the offences. The accused's remorse was not established as genuine, and h…
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S v Olifant (41/2022) [2022] ZAECMKHC 70 (7 October 2022)
The court found that, although the rape of a five-year-old child is an extremely serious offence warranting severe punishment, the cumulative mitigating factors—namely the accused’s young age, guilty plea, cooperation, lack of planning, absence of extraneous violence, limited education, and lack of prior convictions for gender-based violence or offences against children—constituted substantial and compelling circumstances justifying deviation from the prescribed minimum sentence of life imprisonment. The court held that a lengthy period of imprisonment was warranted, but that life imprisonmen…
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S v Manundu and Others (CC18/2020) [2022] ZAECMHC 27 (18 August 2022)
The court found that, although the accused were convicted of a brutal murder committed in furtherance of a common purpose, their subjective belief in witchcraft played a significant role in their actions. The accused were first offenders, had stable family and employment backgrounds, and had spent over two years in pre-sentence incarceration. The court held that, while their personal circumstances alone did not constitute substantial and compelling circumstances, their genuine belief in witchcraft, as recognized in South African jurisprudence, was a substantial mitigating factor. The court em…
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Buso v S (A256/2021) [2022] ZAGPPHC 404 (17 June 2022)
The High Court dismissed an appeal against conviction for raping a 10-year-old girl, but reduced the life sentence to 25 years, with 5 years suspended.
Nkopane v S (A185/2019) [2020] ZAGPPHC 799 (11 December 2020)
High Court appeal against sentence for attempted rape and rape of a child was dismissed. The court found no substantial and compelling circumstances to depart from prescribed minimum sentences.
S v Sekonyela (CC03/2020) [2020] ZAECMHC 35 (14 August 2020)
The court found that, although the offences were extremely serious and had a devastating impact on the victims, the accused's personal circumstances—including his history of sexual abuse, dysfunctional upbringing, genuine remorse, guilty pleas, and prospects for rehabilitation—constituted substantial and compelling circumstances justifying a departure from the prescribed minimum sentences. The court emphasized the need to balance the interests of society, the gravity of the offences, and the accused's circumstances, and to avoid rendering the discretion under section 51(3) meaningless. The se…
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Khati and Another v S (A180/2011) [2013] ZAFSHC 12 (7 February 2013)
The High Court upheld a sentence appeal, finding the trial court misdirected itself on the minimum sentence for robbery with aggravating circumstances.
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