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South Africa decisions
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Sihlangu and Another v S (CAF 05/2014) [2014] ZANWHC 21 (31 July 2014)
Appeal against sentence for murder, robbery and firearms offences dismissed. The court upheld life imprisonment, finding no substantial and compelling circumstances.
Raseroka and Others v S (CAF 04/2014) [2014] ZANWHC 23 (22 May 2014)
The High Court upheld a criminal appeal against sentence, set aside life imprisonment for rape, and substituted it with 18 years’ imprisonment.
Kokomi en Ander v S (A194/2010) [2011] ZAFSHC 72 (5 May 2011)
The court found that the sentences of ten years' imprisonment imposed on the appellants were disproportionate given their youth, status as first offenders, and the lengthy period spent in custody awaiting trial. The appellants did not handle the firearm, the complainant was not seriously injured, and all stolen goods were recovered. The co-accused, who played a more prominent role and pleaded guilty, had his sentence reduced on appeal to six years' imprisonment, two years suspended. There was no objective justification for the disparity in sentences. The court held that parity in sentencing r…
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Tom and Others v S (A654/2010) [2011] ZAWCHC 310 (29 April 2011)
The High Court dismissed a sentence appeal by three youthful offenders convicted of robbery, attempted robbery and attempted murder, confirming 18 years' imprisonment.
Ntsheno v S, Dlamini v S, Rampa v S (A181/2009, A182/09, A180/09) [2009] ZAGPJHC 49; 2010 (1) SACR 295 (GSJ) (8 September 2009)
The Full Court held that the trial courts erred in failing to adequately consider the cumulative effect of mitigating factors such as youthfulness, absence of previous convictions, lack of serious injury, and influence of alcohol. These factors, when considered together, constituted substantial and compelling circumstances justifying departure from the prescribed minimum sentences under the Criminal Law Amendment Act. The minimum sentences imposed were found to be disproportionate to the crimes committed by the appellants, particularly given their personal circumstances and prospects of rehab…
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S v Tsholo and Others (59/2008) [2008] ZAFSHC 24 (8 May 2008)
The High Court reviewed the sentence of three 18-year-old first offenders convicted of housebreaking, replacing direct imprisonment with a fine or wholly suspended sentence.
S v Visagie and Others (208/2004) [2004] ZANCHC 41 (17 November 2004)
A review court confirmed the convictions and third accused’s sentence, but reduced the sentences of two youthful offenders convicted of theft.
S v N and Another (CA 404/2002) [2003] ZAECHC 14 (3 April 2003)
The court found that the trial judge misdirected himself by equating substantial and compelling circumstances with exceptional circumstances and by failing to properly consider the gravity of the offence and the psychological impact on the complainant. The trial judge also erred by sentencing the second appellant, a youthful offender, without obtaining a pre-sentence report or hearing evidence from its author. These misdirections necessitated the setting aside of both sentences and remitting the matter for proper sentencing procedures, including psychological evaluation of the complainant and…
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S v Machasa and Others (334/90) [1991] ZASCA 84 (4 July 1991)
The court found that the first appellant played a leading and violent role in the murder, had prior convictions for violent offences, and that no mitigating factors were present to justify a lesser sentence than the death penalty. The second and third appellants played lesser roles, had no prior convictions, and their conduct was likely influenced by the first appellant's actions; thus, lengthy imprisonment was appropriate rather than the death penalty. The fourth and fifth appellants were under 18 at the time, had no prior convictions, and their youthfulness and lack of inherent malice warra…
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