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South Africa decisions
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Kammies v S (CA&R 1/2022) [2024] ZANCHC 5 (26 January 2024)
Appeal against a life sentence for rape was dismissed. The High Court found no substantial and compelling reasons to depart from the prescribed minimum sentence.
S v Marule [2023] ZAGPPHC 145; A168/22 (27 February 2023)
The appeal court found that the trial court correctly evaluated the evidence, including the complainant's testimony, corroborative physical injuries, and the discovery of a used condom. The appellant's denial was not reasonably possibly true and was properly rejected. The evidence of the child witness was clear, consistent, and supported by corroboration. Regarding sentence, the court held that the prescribed minimum sentence of life imprisonment was justified given the aggravating circumstances: the complainant's young age, repeated attempts at penetration, and the appellant's position of tr…
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Siziba v S (A190/2015) [2015] ZAGPJHC 309 (11 December 2015)
The High Court dismissed a sentence appeal for robbery with aggravating circumstances, finding no misdirection and no substantial and compelling reasons to depart from the minimum sentence.
Tamele v S (A421/2013) [2014] ZAGPJHC 81 (3 April 2014)
The High Court dismissed an appeal against a 15-year sentence for robbery with aggravating circumstances, finding no substantial and compelling reasons to depart from the minimum sentence.
S v Snyders and Others (SB26/11) [2011] ZAWCHC 387; 2012 (2) SACR 160 (WCC) (30 September 2011)
High Court review set aside three-year jail terms and replaced them with 18 months’ correctional supervision for three youthful housebreaking offenders.
Hlakuva v S (A542/2008) [2010] ZAWCHC 378 (16 April 2010)
The court found that the magistrate had properly considered all relevant factors, including the nature of the injuries, recovery of the vehicle, and the appellant's remorse. However, these factors did not amount to substantial and compelling reasons as required by section 51(3)(a) of Act 105 of 1997 to justify a departure from the prescribed minimum sentence. The seriousness of the offence, involving violence and the use of a weapon, warranted the imposition of the statutory minimum sentence of 15 years imprisonment. The appeal against sentence was therefore dismissed.
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