Ncgobo v S (1344/2016)
Ncgobo v S (1344/2016) [2018] ZASCA 6; 2018 (1) SACR 479 (SCA) (23 February 2018)
The Supreme Court of Appeal held that the period spent in custody awaiting trial, while relevant to proportionality, does not on its own constitute a substantial and compelling circumstance justifying deviation from the prescribed minimum sentence of life imprisonment for rape. The trial court considered all relevant factors, including the appellant's personal circumstances, lack of remorse, and aggravating features of the crime. The full bench found no misdirection in the trial court's approach and confirmed that the sentence was not grossly disproportionate. The appeal was dismissed as ther…
Source excerpt
- Rape
- Minimum Sentence Legislation
- Substantial And Compelling Circumstances
- Proportionality Of Sentence
- Time Awaiting Trial
- Lack Of Remorse