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South Africa decisions
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Khoenyane v S (CA&R6/2020) [2020] ZANCHC 51 (7 August 2020)
The High Court dismissed an appeal against a 15-year minimum sentence for murder, holding that the appellant’s age and 13 months in custody were not substantial and compelling circumstances.
Mbenya v S (A15/2018) [2019] ZAGPPHC 224 (24 May 2019)
The trial court misdirected itself by failing to properly consider and cumulatively weigh the appellant's youth, guilty plea, lack of physical harm, return of the stolen property, first offender status, and time spent in custody. The sentence imposed was driven by general deterrence rather than a proportional assessment of the offence and the offender. The appellate court found that these factors constituted substantial and compelling circumstances justifying deviation from the prescribed minimum sentence. The sentence of 15 years was disproportionate and induced a sense of shock. Accordingly…
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Makowa v S (CAF 12/2013) [2014] ZANWHC 26 (20 March 2014)
The court found that the trial court erred by imposing life imprisonment under the minimum sentence regime without informing the accused of its application, as required for a fair trial. The appellant was not warned of the possible consequences, and the indictment did not reference the relevant statutory provisions. This constituted a misdirection, warranting interference by the appellate court. Considering the appellant's youth, personal circumstances, and mitigating factors, as well as the seriousness of the offence and the interests of society, the court held that life imprisonment was ina…
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B.O.M and Another v S (A827/12) [2013] ZAGPPHC 171 (14 June 2013)
The appeal against conviction was dismissed as the trial court's findings were supported by coherent and corroborated evidence, including the testimony of M and physical evidence such as blood-stained clothing and DNA analysis. The suggestion that M was the sole perpetrator was speculative and unsupported. However, the appeal against sentence succeeded because the trial court failed to properly consider the appellants' youth, socio-economic backgrounds, and the role of liquor as mitigating factors. The sentencing judgment did not reflect a balanced consideration of all relevant circumstances,…
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S v Sekgobela (A1244/2006) [2008] ZAGPHC 89 (14 March 2008)
The High Court reduced rape and assault sentences, finding youth, first-offender status, and lack of serious injury were substantial and compelling circumstances.
S v Dakuse (39/91) [1991] ZASCA 185 (29 November 1991)
The Supreme Court of Appeal found that the trial judge had placed undue emphasis on the aggravating circumstances and failed to give sufficient weight to the appellant's youth, the influence of alcohol, group pressure, and lack of premeditation. The appellant was only 17 years old at the time of the offence, acted as part of a mob, and did not participate in the burning of the deceased. The sentence of 13 years imprisonment, reduced to 11 years due to time spent in custody, was considered unduly severe. The Court held that a sentence of 7 years imprisonment would be more appropriate, and furt…
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S v Mzinyane and Others (137/87) [1987] ZASCA 136 (26 November 1987)
The court dismissed three murder appeals, holding that youth, intoxication and alleged influence did not amount to extenuating circumstances.
S v Sampson (351/86) [1987] ZASCA 10 (13 March 1987)
The court set aside two death sentences for murder and substituted life imprisonment, finding misdirection on rehabilitation and youth as mitigation.
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