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South Africa decisions
Decisions matching the current search
Sithole and Another v S (SS148/2007) [2025] ZAGPJHC 488 (22 May 2025)
Leave to appeal was refused in a sentencing dispute about whether an eight-year term should run concurrently with a later reduced sentence.
Ndimande and Others v S (A58/2017) [2024] ZAGPPHC 406 (10 May 2024)
The High Court partially allowed a sentence appeal, holding that the appellants’ pre-conviction incarceration should be reflected by backdating their sentences.
Ashipembe v S (A204/2012) [2017] ZAGPPHC 203 (4 May 2017)
The trial court failed to sufficiently consider the cumulative effect of the sentences imposed on the appellant, which is a material duty of a sentencing court. The absence of such consideration constitutes a misdirection, justifying appellate interference. The effective sentence of 15 years was unjustified given the appellant's youth, first-offender status, time spent in custody, and prospects of rehabilitation. The appropriate remedy is to order the 6-year terms for counts 4 to 64 and count 65 to run concurrently, resulting in an effective sentence of 9 years' imprisonment, antedated to the…
Source excerpt
S v Machape (2/2013) [2013] ZANWHC 89 (29 November 2013)
High Court review of sentence for two housebreaking convictions. The court held that six years effective imprisonment was too harsh and ordered concurrent sentences.
Herwil v S (A585/2008) [2010] ZAWCHC 359 (1 February 2010)
Sentence appeal in a robbery, rape and firearm case. The court applied the totality principle and ordered most sentences to run concurrently with another 40-year term.
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