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South Africa decisions
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S v Februarie (339/91) [1992] ZASCA 67 (19 May 1992)
The appellate court set aside a death sentence for murder and replaced it with 20 years' imprisonment, relying on the appellant's youth and other mitigating factors.
S v Bakkes (375/90) [1990] ZASCA 144 (26 November 1990)
The Appellate Division dismissed an appeal against a culpable homicide conviction and sentence, holding that a 16-year-old with firearms experience was negligent in firing near people.
S v Lengane (233/89) [1989] ZASCA 168 (30 November 1989)
The court upheld a murder conviction but set aside the death sentence, finding mitigating circumstances based on the appellant’s youth and the case facts.
S v Disten (106/87) [1987] ZASCA 98 (24 September 1987)
The Supreme Court of Appeal found that the trial court misdirected itself by failing to properly consider whether the appellant's disadvantaged background, youth, and the influence of alcohol and drugs constituted extenuating circumstances. The trial court focused on the appellant's character and maturity at the time of trial, which was irrelevant to the assessment of extenuating circumstances at the time of the crime. The appellate court held that these factors, in their cumulative effect, did affect the appellant's state of mind and reduced his moral blameworthiness. Consequently, the findi…
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