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South Africa Case Law

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Criminal Law [2025] ZAWCHC 150

S v Heugh (A99/2023)

S v Heugh (A99/2023) [2025] ZAWCHC 150 (27 March 2025)

The High Court dismissed Marlon Heugh’s appeal against sentence for two murders, holding that the Regional Magistrate properly applied minimum sentencing law.

  • Minimum Sentencing
  • Murder
  • Sentencing Triage
  • Mitigating Factors
  • Victim Impact Statements
  • Minimum-sentencing
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Criminal Law [2025] ZAWCHC 62

S v Minnaar (Sentence) (CC 68/2020)

S v Minnaar (Sentence) (CC 68/2020) [2025] ZAWCHC 62 (18 February 2025)

The court found that the offences committed by the accused were exceptionally brutal, premeditated, and aggravated by the abuse of a position of trust and the vulnerability of the minor victim. The psychiatric and psychological reports indicated that the accused has antisocial and psychopathic traits, lacks genuine remorse, and poses an ongoing danger to society. The court held that there are no substantial and compelling circumstances to justify deviation from the mandatory life sentences prescribed for rape and murder under the Criminal Law Amendment Act. The request for sentencing under se…

  • Sentencing Guidelines
  • Dangerous Criminal Declaration
  • Mandatory Minimum Sentences
  • Child Protection Orders
  • Victim Impact Statements
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Criminal Law [2024] ZALMPPHC 166

S v Maboko (Sentence) (CC50/2023)

S v Maboko (Sentence) (CC50/2023) [2024] ZALMPPHC 166 (1 November 2024)

The High Court imposed three life terms, 15 years for robbery with aggravating circumstances, and 3 years for firearm possession after finding no mitigation.

  • Minimum Sentences Act
  • Premeditated Murder
  • Robbery With Aggravating Circumstances
  • Unlawful Possession Of Firearm
  • Sentencing Principles
  • Victim Impact Statements
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Criminal Law [2024] ZAGPPHC 1377

S v Maaga (CC72/2023)

S v Maaga (CC72/2023) [2024] ZAGPPHC 1377 (25 October 2024)

High Court sentencing judgment imposing life imprisonment and related terms for trafficking, robbery, extortion, and firearms-related offences.

  • Human Trafficking
  • Minimum Sentencing
  • Robbery With Aggravating Circumstances
  • Victim Impact Statements
  • Firearms Control
  • Sentencing Triage
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Criminal Law [2024] ZAKZDHC 28

S v Siyaya (Sentence) (03/2024)

S v Siyaya (Sentence) (03/2024) [2024] ZAKZDHC 28; 2024 (2) SACR 282 (KZD) (16 May 2024)

The court found that the accused's conduct constituted an aggravated and wilful disregard for the safety of other road users, resulting in the deaths of eighteen children and two young adults. Although the accused did not have direct intent to kill, his actions displayed a high degree of moral blameworthiness and culpability, far exceeding ordinary recklessness. The court accepted that substantial and compelling circumstances existed, including the absence of direct intent, the accused's lack of prior convictions, and his time spent in custody, justifying deviation from the prescribed minimum…

  • Murder
  • Reckless Driving
  • Minimum Sentencing
  • Culpable Homicide
  • Road Traffic Offences
  • Victim Impact Statements
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Criminal Law [2024] ZAGPPHC 219

S v Chauke (Sentence) (CC46/2023)

S v Chauke (Sentence) (CC46/2023) [2024] ZAGPPHC 219 (11 March 2024)

The High Court imposed three life terms and 226 years’ imprisonment for murder, gang rape, robbery, kidnapping, firearms offences, escape, and immigration contraventions.

  • Minimum Sentences Act
  • Aggravated Robbery
  • Rape
  • Murder
  • Sentencing Guidelines
  • Victim Impact Statements
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Criminal Law [2022] ZAECMKHC 29

Tyhobeka v S (C.A. & R 158/2020)

Tyhobeka v S (C.A. & R 158/2020) [2022] ZAECMKHC 29 (31 May 2022)

The High Court upheld Timothy Tyhobeka’s rape conviction but set aside life imprisonment, replacing it with 15 years’ imprisonment. The court found substantial and compelling circumstances.

  • Rape Of Minor
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Victim Impact Statements
  • Rape-of-minor
  • Minimum-sentencing
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Criminal Law [2014] ZAWCHC 68

Kleinhans v S (A232/2013)

Kleinhans v S (A232/2013) [2014] ZAWCHC 68; 2014 (2) SACR 575 (WCC) (13 May 2014)

High Court reduced a 15-year sentence for child pornography and sexual offences to an effective four years, partly suspended, and set aside a firearm disqualification.

  • Sexual Offences And Related Matters Amendment Act
  • Child Pornography
  • Minimum Sentencing
  • Correctional Supervision
  • Victim Impact Statements
  • Firearms Control Act
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Criminal Law [2013] ZAKZDHC 77

S v Moyo (CC 98/12)

S v Moyo (CC 98/12) [2013] ZAKZDHC 77 (8 August 2013)

The court convicted Mlungisi Nelson Moyo on three rape and three aggravated robbery counts, rejecting a muti-based defence and imposing life terms for rape.

  • Rape
  • Robbery With Aggravating Circumstances
  • Minimum Sentence Legislation
  • Mitigating And Aggravating Factors
  • Victim Impact Statements
  • Robbery-with-aggravating-circumstances
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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.