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South Africa decisions
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Mtalingoane v S (Appeal) (CA32/2024) [2025] ZANWHC 138 (7 August 2025)
The North West High Court dismissed an appeal against a life sentence for rape of a 14-year-old, finding no substantial and compelling circumstances.
Makhetha v The State (A102/2024) [2025] ZAFSHC 210 (10 July 2025)
The High Court upheld a sentence appeal in a rape matter, finding the trial court failed to balance mitigating and aggravating factors evenly.
Mmago v S - Appeal (AA10/2022) [2023] ZALMPPHC 80 (1 September 2023)
Sentence appeal partly upheld: murder sentence reduced to 15 years, assault sentence confirmed, and sexual offenders register order set aside.
Erasmus v S (A31/2020) [2023] ZAGPPHC 662 (7 August 2023)
Appeal against conviction and life sentences for raping a minor stepdaughter dismissed. The court found the child’s evidence credible and no substantial circumstances to reduce sentence.
S v Ntombana (54/2022) [2022] ZAECELLC 37 (1 December 2022)
The court found that the accused committed multiple rapes and attempted rapes against vulnerable victims, including minors, using threats and violence. The psycho-social reports demonstrated profound and lasting harm to the victims and their families. The accused’s personal circumstances, including his youth, lack of prior convictions, and time spent in custody, were considered but found to be outweighed by the seriousness, premeditation, and repeated nature of the offences. The court held that there were no substantial and compelling circumstances to justify a lesser sentence than life impri…
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S v Khumalo and Another (Sentence) (SS 031/2021) [2022] ZAGPJHC 167 (16 March 2022)
The court found that the crimes committed by both accused were extremely serious, involving a brutal home invasion, murder, rape of a minor, and robbery with aggravating circumstances. The impact on the victims and their family was severe and lasting. The court considered the personal circumstances of both accused but found that these did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentences. The aggravating factors, including the planning of the robbery, use of weapons, and the failure to use a condom during the rape, outweighed any…
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M.P.N v S (A41/2021) [2021] ZAFSHC 189 (10 August 2021)
The High Court dismissed a criminal appeal against rape convictions and life sentence, finding no misdirection in the trial court’s evaluation of the evidence.
Mompati v S (A 86/2018) [2019] ZAFSHC 65 (23 May 2019)
High Court upheld the rape conviction of an appellant but found life imprisonment disproportionate, substituting a 20-year sentence.
Maritsane v S (CA44/2017) [2019] ZANWHC 35 (18 April 2019)
The High Court granted condonation but dismissed the appeal against a life sentence for repeated rape and housebreaking, and set aside the sexual offences register order.
S v Amerika (CC22/2016) [2016] ZAWCHC 204; 2017 (1) SACR 532 (WCC) (13 December 2016)
Sentencing judgment imposing life imprisonment for repeated rape and murder, with kidnapping sentences and ancillary firearm and sex-offender orders.
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