Pop v S (A157/2024) [2025] ZAFSHC 152 (12 May 2025)
Court
Free State High Court, Bloemfontein
Case number
A157/2024
Judges
Mbhele, Van Rhyn, Benade
The High Court dismissed an appeal against life imprisonment for murder, finding no substantial and compelling circumstances to depart from the prescribed minimum sentence.
Molamudi v S (A184/2022) [2024] ZAGPPHC 231 (8 March 2024)
Court
North Gauteng High Court, Pretoria
Case number
A184/2022
Judges
Brand, Phahlane
The court held that the prescribed minimum sentence of life imprisonment for rape committed more than once in one incident applies unless substantial and compelling circumstances justify a lesser sentence. The appellant's arguments regarding his age, lack of children, alleged remorse, potential for rehabilitation, and absence of a father figure were found insufficient, individually and cumulatively, to constitute substantial and compelling circumstances. The court emphasised the violent, premeditated, and calculated nature of the rape, as well as its severe impact on the complainant. The tria…
Cezula v S (A251/23) [2024] ZAWCHC 75 (8 March 2024)
Court
Western Cape High Court, Cape Town
Case number
A251/23
Judge
Thulare
Appeal against refusal of bail dismissed. The court held the appellant had not shown exceptional circumstances and that detention was justified under the bail provisions.
Maidi v S (A43/2017) [2017] ZAGPPHC 775 (3 November 2017)
Court
North Gauteng High Court, Pretoria
Case number
A43/2017
Judges
P Van Niekerk, PM Mabuse
The court found that there was no evidence to support the appellant's claim of provocation, as the complainant's actions did not justify the violent response. The Magistrate had properly considered the appellant's personal circumstances and correctly characterized him as a violent person, given his previous conviction for robbery. The court held that the sentences imposed were appropriate in light of the severity of the offences, the appellant's lack of remorse, and the serious injuries inflicted on the complainant. There was no misdirection by the Magistrate, and the sentences did not induce…
Bruin and Another v S (CA&R7/17) [2017] ZANCHC 43 (19 May 2017)
Court
Northern Cape High Court, Kimberley
Case number
CA&R 7/17
Judges
Williams, Snyders
The court found that the violence inflicted by the appellants was closely connected to the theft, as it was used to retain possession of the stolen goods and prevent resistance from the complainant. The theft was still in progress when the complainant returned, and the violence was applied to ensure the appellants could escape with the stolen items. The court held that, in line with precedent, violence need not precede theft for a conviction of robbery if there is a substantial connection between the two acts. Regarding sentence, the court found no substantial and compelling circumstances to…
Shubane and Another v S (073/14) [2014] ZASCA 148 (26 September 2014)
Court
Supreme Court of Appeal
Case number
073/14
Judges
Shongwe, Majiedt, Mbha
The Supreme Court of Appeal dismissed an appeal against a 17-year robbery sentence, holding that no forewarning of a sentence above the minimum was required.
S v Hendricks [2011] ZAWCHC 281; ; A658/2010 (13 May 2011)
Court
Western Cape High Court, Cape Town
Case number
A658/2010
Judges
Bozalek, Goliath
Appeal court reduced robbery and theft sentences but upheld two life sentences for the murders, and set aside an invalid parole-order under sentencing law.
Arnott v S (CA&R 162/07) [2010] ZAECGHC 19 (5 March 2010)
Court
Eastern Cape High Court, Grahamstown
Case number
CA&R 162/07
Judges
Roberson, Sibeko
The court found that the appellant's intention to kill was the only reasonable inference from the nature of the attack, the weapon used, and the injuries sustained. The use of an axe was proven by witness testimony and medical evidence. In the absence of evidence regarding the appellant's subjective state of mind, inferential reasoning was applied, and the court concluded that the appellant must have foreseen the possibility of death and reconciled himself with that outcome. The conviction for attempted murder was therefore correct. Regarding sentence, the court held that the magistrate had p…
S v Batwali (CA&R 74/2007) [2007] ZANCHC 64 (16 November 2007)
Court
Northern Cape High Court, Kimberley
Case number
CA&R 74/2007
Judges
Olivier R, Mokgohloa WnR
The Northern Cape High Court dismissed a sentence appeal for murder and assault, finding no material misdirection and confirming the trial court's sentences.
S v Pholoana (78/2006) [2006] ZAFSHC 134 (1 September 2006)
Court
Free State High Court, Bloemfontein
Case number
78/2006
Judge
Milton
After a guilty plea for murder, the Free State High Court held the offence fell under the statutory minimum-sentence regime and imposed 25 years' imprisonment.