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Mohlabine and Others v S (A551/2015) [2016] ZAGPPHC 1243 (11 November 2016)
The High Court found the magistrate had not properly individualised sentence and replaced four 10-year prison terms with lesser, partly suspended sentences.
Director of Public Prosecutions: Transkei v Dubo (CA&R 37/09) [2010] ZAECMHC 7; 2011 (1) SACR 191 (ECM) (1 April 2010)
The trial court committed a material misdirection by incorrectly assessing the respondent's age and overemphasizing his personal circumstances while failing to properly consider the gravity of the offence and the interests of society. The sentencing did not reflect a balanced consideration of the triad of sentencing factors. The prescribed minimum sentences for juveniles were declared unconstitutional, but the trial court still had other sentencing options under the Criminal Procedure Act, which it failed to investigate. The misdirection vitiated the trial court's discretion, warranting the s…
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