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Kubheka and Another v S (200/2020) [2021] ZASCA 25 (24 March 2021)
The Supreme Court of Appeal reinstated the regional court sentences, holding that the High Court had no basis to increase them on appeal.
Kubheka and Another v S (08/36380; A176/18) [2019] ZAGPJHC 194 (20 June 2019)
The High Court dismissed a criminal appeal against conviction for theft from a motor vehicle and increased both appellants’ sentences.
S v Phakedi (A163/2012) [2012] ZAGPPHC 265 (7 November 2012)
The court found that the magistrate failed to properly balance the aggravating and mitigating factors in sentencing the appellant. While theft from motor vehicles is a serious and prevalent offence, the value of the stolen item was minimal, no damage was caused, and the appellant had pleaded guilty, spent nine months in custody awaiting trial, and had personal responsibilities. The sentence of six years imprisonment was deemed shockingly harsh and disproportionate to the offence. The interests of justice required that the sentence be reconsidered and reduced to four years imprisonment, with t…
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