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South Africa decisions
Decisions matching the current search
Radebe v S (A06/2024) [2025] ZAGPJHC 353 (26 March 2025)
The High Court upheld an appeal against sentence, finding the trial court failed to properly weigh mitigation and substantial and compelling circumstances.
Sibisi and Another v S (AR171/20) [2024] ZAKZPHC 107 (11 September 2024)
The High Court upheld the appellants’ sentence appeal, finding the trial court failed to consider time spent in custody awaiting trial and other mitigating factors.
Makoa v S (A 504/2014) [2014] ZAGPPHC 1015 (28 November 2014)
The appeal court found that the trial court did not misdirect itself in imposing the minimum prescribed sentence of life imprisonment for murder and ten years for rape. The appellant was an adult at the time of sentencing, and a pre-sentence report was not mandatory. The trial court gave sufficient consideration to the appellant's personal circumstances, including age, marital status, education, employment, and status as a first offender. The brutality and seriousness of the offences far outweighed any mitigating factors. The time spent in custody awaiting trial did not warrant a reduction in…
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