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South Africa Case Law

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Criminal Law [2013] ZAGPPHC 333

Mponzo v S (A322/2013)

Mponzo v S (A322/2013) [2013] ZAGPPHC 333 (10 December 2013)

The High Court upheld an appeal against sentence, finding the regional court misdirected itself by failing to weigh the appellant’s youth and other mitigating factors cumulatively.

  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Sentencing Discretion
  • Youth As Mitigating Factor
  • Concurrent Sentences
  • Minimum-sentencing
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Criminal Law [2012] ZAWCHC 288

Mkalipi v S (A209/2012)

Mkalipi v S (A209/2012) [2012] ZAWCHC 288 (10 August 2012)

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

  • Attempted Murder
  • Sentencing Principles
  • Youth As Mitigating Factor
  • Awaiting Trial Custody
  • Community Interests In Sentencing
  • Attempted-murder
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Criminal Law [2010] ZAWCHC 385

Piyoos v S (A583/2009)

Piyoos v S (A583/2009) [2010] ZAWCHC 385 (30 April 2010)

The High Court upheld an appeal against sentence, finding substantial and compelling circumstances for a first offender aged 18 and reducing the minimum sentence.

  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Robbery With Aggravating Circumstances
  • Youth As Mitigating Factor
  • Minimum-sentencing
  • Robbery-with-aggravating-circumstances
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Criminal Law [2009] ZAGPPHC 55

S v Tshepiso (A647/2008)

S v Tshepiso (A647/2008) [2009] ZAGPPHC 55 (15 May 2009)

The High Court upheld an appeal against sentence for robbery with aggravating circumstances, finding the magistrate had overlooked mitigating factors and reducing the sentence to 8 years.

  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Youth As Mitigating Factor
  • Robbery With Aggravating Circumstances
  • Minimum-sentencing
  • Robbery-with-aggravating-circumstances
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Criminal Law [1992] ZASCA 231

S v Madule (59/92)

S v Madule (59/92) [1992] ZASCA 231 (27 November 1992)

The court upheld the appeal against sentence, setting aside the death penalty and replacing it with 25 years’ imprisonment for a murder committed during a robbery.

  • Sentencing
  • Death Penalty
  • Mitigating And Aggravating Factors
  • Youth As Mitigating Factor
  • Dolus Eventualis
  • Murder
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Criminal Law [1992] ZASCA 20

S v Cotton (462/91)

S v Cotton (462/91) [1992] ZASCA 20; [1992] 2 All SA 45 (A) (12 March 1992)

The Appellate Division set aside a death sentence for murder and substituted life imprisonment, holding that the appellant’s youth and immaturity were substantial mitigating factors.

  • Murder Without Extenuating Circumstances
  • Death Sentence Review
  • Youth As Mitigating Factor
  • Psychopathy
  • Life Imprisonment
  • Criminal-sentencing
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Criminal Law [1988] ZASCA 146

S v Jantjies and Another (199/88)

S v Jantjies and Another (199/88) [1988] ZASCA 146 (24 November 1988)

The court found that first appellant actively associated himself with the killing and robbery, and there was no reasonable possibility that he acted under compulsion. His conduct after the shooting confirmed participation in a pre-arranged plan. The defence of compulsion was rejected due to lack of credible evidence. Regarding second appellant, the court held that his youth, epilepsy, and background did not constitute extenuating circumstances. Medical evidence established that he was conscious and accountable at the time of the offence, and his role was dominant. The application to reopen th…

  • Murder
  • Extenuating Circumstances
  • Compulsion
  • Admissibility Of Confessions
  • Youth As Mitigating Factor
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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.