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South Africa Case Law

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Criminal Law [2021] ZAMPMHC 13

S v Mafa (CC 17/2021)

S v Mafa (CC 17/2021) [2021] ZAMPMHC 13 (6 April 2021)

The High Court sentenced Mr Mafa to 25 years for murder and 15 years for robbery with aggravating circumstances, running concurrently.

  • Minimum Sentence Legislation
  • Murder With Aggravating Circumstances
  • Robbery With Aggravating Circumstances
  • Sentencing Principles
  • Violence Against Women
  • Sentencing
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Criminal Law [2020] ZAKZPHC 60

S v Khomo (CCD50/2020)

S v Khomo (CCD50/2020) [2020] ZAKZPHC 60 (16 October 2020)

After a guilty plea for murder, the High Court imposed 20 years’ imprisonment, finding no substantial and compelling circumstances to depart below the prescribed minimum.

  • Minimum Sentencing
  • Murder
  • Mitigation And Aggravation
  • Remorse
  • Provocation
  • Violence Against Women
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Criminal Law [2020] ZAGPPHC 820

S v Mabape (CC3/2019)

S v Mabape (CC3/2019) [2020] ZAGPPHC 820 (14 September 2020)

The court found that the accused's conduct constituted premeditated murder, supported by evidence of planning and intent. The brutality of the crime, including multiple stab wounds and the accused's attempt to evade detection, were aggravating factors. The accused did not testify in mitigation and showed no remorse, maintaining his innocence throughout. The court considered the accused's personal circumstances but found them to be ordinary and not substantial or compelling. The prevalence of violence against women and the need for deterrence and retribution were emphasized. The court held tha…

  • Premeditated Murder
  • Mandatory Minimum Sentences
  • Sentencing Principles
  • Aggravating And Mitigating Factors
  • Remorse
  • Violence Against Women
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Criminal Law [2019] ZAECGHC 33

Mfobo v S (CA&R 61/2017)

Mfobo v S (CA&R 61/2017) [2019] ZAECGHC 33 (12 March 2019)

The High Court reduced a 12-year sentence for attempted murder to 10 years, finding the original sentence excessive but upholding premeditation.

  • Attempted Murder
  • Sentencing Principles
  • Premeditation
  • Violence Against Women
  • Attempted-murder
  • Sentencing-appeals
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Criminal Law [2015] ZANWHC 45

Montsho v S (CA33/15)

Montsho v S (CA33/15) [2015] ZANWHC 45 (27 August 2015)

The High Court dismissed an appeal against an 8-year sentence for attempted murder, finding no basis to interfere with the magistrate’s sentencing discretion.

  • Attempted Murder
  • Sentencing Principles
  • Mitigating Factors
  • Premeditation
  • Violence Against Women
  • Attempted-murder
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Criminal Law [2014] ZAFSHC 240

Ganya v S (A215/2013)

Ganya v S (A215/2013) [2014] ZAFSHC 240 (6 November 2014)

The High Court dismissed an appeal against a 10-year sentence for attempted murder, finding no material misdirection and no basis to interfere.

  • Attempted Murder
  • Sentencing Principles
  • Primary Caregiver
  • Violence Against Women
  • Mitigating Factors
  • Criminal-sentencing
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Criminal Law [2014] ZAGPPHC 534

Sawule v S (A555/2013)

Sawule v S (A555/2013) [2014] ZAGPPHC 534 (6 August 2014)

The High Court reduced a 24-month sentence for common assault to a wholly suspended 12-month term, finding the magistrate overemphasised aggravation and ignored mitigation.

  • Common Assault
  • Sentencing Principles
  • Judicial Misdirection
  • Violence Against Women
  • Fair Trial Rights
  • Common-assault
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Criminal Law [2009] ZAGPJHC 107

S v Smith (2007/0263)

S v Smith (2007/0263) [2009] ZAGPJHC 107 (17 April 2009)

The High Court sentenced a first offender convicted of assault with intent to do grievous bodily harm to three years’ correctional supervision, with house arrest and community service.

  • Assault With Intent To Do Grievous Bodily Harm
  • Correctional Supervision
  • Sentencing Principles
  • Violence Against Women
  • Criminal-sentencing
  • Correctional-supervision
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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.