Dube v S (A831/15)
Dube v S (A831/15) [2016] ZAGPPHC 741 (22 August 2016)
The Magistrate misdirected himself by imposing the minimum sentence of 15 years imprisonment without evidence that the appellant acted in furtherance of a common purpose or as part of a syndicate, as required by the Criminal Law Amendment Act. The Magistrate also failed to properly consider substantial and compelling circumstances, including the appellant's personal circumstances, recovery of stolen goods, time spent in custody, and lack of benefit from the crime. Furthermore, the Magistrate's remarks regarding the appellant's nationality were improper and indicative of bias, undermining the…
Source excerpt
- Minimum Sentencing
- Mitigating Circumstances
- Xenophobia In Sentencing
- Section 112 Statement
- Judicial Bias