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South Africa decisions
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Tembe v S (406/2017) [2019] ZAGPPHC 306 (2 July 2019)
The High Court upheld a sentence appeal, finding misdirection in a 30-year effective sentence for robbery-related convictions and replacing it with concurrent 10-year terms.
Tembe v S (406/2017) [2019] ZAGPPHC 517 (28 June 2019)
The High Court upheld an appeal against sentence, finding misdirection in failing to order concurrency and to treat youth and first-offender status as mitigating factors.
Chika v S (A438/2016) [2017] ZAGPPHC 632 (22 September 2017)
The High Court dismissed an appeal against a life sentence for murder, finding no substantial and compelling circumstances to justify departure from the prescribed minimum.
Phalane and Another v S (CA35/14) [2015] ZANWHC 81 (12 November 2015)
Appeal against sentence in a robbery and firearm case. The High Court reduced the robbery sentence from 15 to 10 years, citing youth and personal circumstances.
Williams v S (A223/2010) [2010] ZAWCHC 428 (4 July 2010)
The High Court held that an 18-year-old first offender’s youthfulness justified deviation from the prescribed minimum sentence for armed robbery.
S v Mofokeng (79/2003) [2005] ZAFSHC 146 (10 November 2005)
The cumulative effect of the appellant's personal circumstances—his youth (nineteen years old at the time of the offence), first offender status, genuine remorse demonstrated by a guilty plea, lesser role in the commission of the crime, domination by a co-perpetrator, and real prospects of rehabilitation—amounted to substantial and compelling circumstances. The value of the items personally taken by the appellant was relatively low and those items were recovered. The court found that these factors justified a departure from the prescribed minimum sentence under section 51(2) and 51(3) of Act…
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S v Pienaar en Andere (408/90) [1991] ZASCA 117 (23 September 1991)
Appeal against death sentences for gang rape succeeded; the court held imprisonment, not death, was the only appropriate punishment.
S v Bosman (102/89) [1989] ZASCA 101; [1990] 1 All SA 289 (A) (11 September 1989)
The Supreme Court of Appeal held that the trial court was correct in finding that there were no mitigating circumstances warranting a lesser sentence. The appellant's psychopathic personality traits and unhappy youth did not substantially influence his conduct on the day of the murder, which was calculated and controlled rather than impulsive. His youthfulness was not a contributing factor, as he acted independently and with full awareness of the wrongfulness of his actions. The trial court's evaluation of the appellant's moral blameworthiness, considering the motive and the gruesome nature o…
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S v Cele (258/88) [1989] ZASCA 71 (30 May 1989)
The appellate court reduced a murder sentence from 30 to 20 years, holding that intoxication and youth were mitigating factors that the trial court had failed to weigh properly.
S v Overmeyer (297/88) [1989] ZASCA 27 (29 March 1989)
The court dismissed an appeal against a murder death sentence, holding that no extenuating circumstances were proved and that the appellant acted with dolus directus.
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