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South Africa decisions
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Maliwa and Another v S (CA&R04/2016) [2017] ZAECMHC 38 (10 October 2017)
The High Court upheld the rape convictions of two appellants but found life imprisonment disproportionate, substituting 20 years’ imprisonment each.
Olivier v S (A268/12) [2015] ZAWCHC 19 (26 February 2015)
The appeal court found that the trial court misdirected itself by failing to obtain a probation officer's report before imposing the most severe sanction of life imprisonment on a youthful offender. The appellant had only just reached 18 years of age, had no prior convictions for violence or sexual offences, and his personal circumstances were not adequately investigated. The court held that, in cases involving life imprisonment, it is essential for the sentencing court to have comprehensive information about the accused's background and personal circumstances to properly exercise its discret…
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Mkhaza and Another v S (CA&R 54/2012) [2012] ZAECGHC 65 (23 August 2012)
The High Court partially upheld an appeal in a robbery, murder, and attempted murder case, setting aside some convictions and reducing the effective sentences.
S v Luwani and Another (CA&R 693/02) [2003] ZAECHC 11 (13 March 2003)
The magistrate erred by failing to obtain pre-sentence reports for the youthful appellants, who were first offenders and unrepresented. This omission prevented the court from having all necessary information to exercise its sentencing discretion responsibly. The lack of legal representation further impeded the appellants' ability to present mitigation, and the magistrate's focus on the seriousness of the offence and societal interests resulted in sentences that were unduly harsh. The appeal succeeds, and the sentences are set aside. The matter is remitted for the magistrate to obtain pre-sent…
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S v Buys and Another (B1206/2001) [2002] ZAWCHC 35 (19 June 2002)
The High Court set aside one conviction and reviewed sentencing after finding no evidence on count 2 and procedural unfairness in the use of a probation report.
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