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South Africa Case Law

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Criminal Law [2015] ZAGPPHC 711

Khanyile v S (A841/2014)

Khanyile v S (A841/2014) [2015] ZAGPPHC 711 (11 September 2015)

The High Court dismissed an appeal against sentence for murder and related offences, holding that life imprisonment was not disproportionate despite pre-trial custody.

  • Sentencing Principles
  • Minimum Sentences
  • Substantial And Compelling Circumstances
  • Murder Of Police Officer
  • Mitigation Of Sentence
  • Time Spent Awaiting Trial
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Criminal Law [2013] ZAGPJHC 105

S v Rautenbach (164/2012)

S v Rautenbach (164/2012) [2013] ZAGPJHC 105 (28 March 2013)

The court found no substantial and compelling circumstances to justify a departure from the minimum sentence for murder. The accused's claim of diminished moral blameworthiness due to intoxication was rejected, as there was no evidence of substantial impairment at the time of the offence. The accused's actions immediately after the murder demonstrated clear intent and rational decision-making. The theft, though involving items of negligible value, was committed with callous disregard for the deceased and warranted a severe sentence. The sentences for unlawful possession of a firearm and ammun…

  • Minimum Sentencing
  • Moral Blameworthiness
  • Intoxication
  • Concurrent Sentences
  • Firearm Licensing
  • Time Spent Awaiting Trial
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.