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South Africa decisions
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Pop v S (A157/2024) [2025] ZAFSHC 152 (12 May 2025)
The High Court dismissed an appeal against life imprisonment for murder, finding no substantial and compelling circumstances to depart from the prescribed minimum sentence.
Phumzile v S (A118/2020) [2022] ZAGPJHC 921 (15 November 2022)
The court found that the trial court misdirected itself by failing to provide reasons for the sentence and by not properly considering the appellant's personal circumstances and the interests of his minor children. The appellate court held that substantial and compelling circumstances existed, including the appellant's status as a first offender, his role as a primary caregiver, and the nature of the altercation leading to the offence. The court determined that the prescribed minimum sentence of 15 years imprisonment was disproportionate in the circumstances and that a lesser sentence was jus…
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S v Madiba and Another (09/2019) [2019] ZANWHC 22 (2 May 2019)
The High Court found that the trial court failed to properly consider the personal circumstances of the accused, particularly their status as primary caregivers of young children. The trial court overemphasised deterrence and the interests of society, neglecting the proportionality between the seriousness of the crime and the severity of the sentence. The absence of a pre-sentence report and failure to investigate the impact of imprisonment on the children were material misdirections. The reviewing court held that alternative sentences, such as suspended sentences or community service, were m…
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