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South Africa Case Law

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Criminal Law [2018] ZAGPPHC 652

S v Mabena (330/17)

S v Mabena (330/17) [2018] ZAGPPHC 652 (19 February 2018)

High Court review of a magistrate’s sentence for housebreaking. The court found a misdirection in overemphasising seriousness and reduced the sentence.

  • Sentencing Principles
  • Housebreaking
  • Remorse
  • Zinn Triad
  • Misdirection
  • Magistrates Court Review
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Criminal Law [2017] ZAGPPHC 226

Metsing v S (A94/16)

Metsing v S (A94/16) [2017] ZAGPPHC 226 (18 May 2017)

The appeal court found that the trial court had properly considered all relevant factors, including the seriousness of the offence, the abuse of trust by the appellant, and the vulnerability of the complainant. The trial court did not misdirect itself by refusing to obtain a correctional sentence report or by not considering alternative sentencing options, as correctional supervision was clearly inappropriate given the circumstances. The appellant's personal circumstances were taken into account, but the gravity of the offence and the interests of society outweighed them. The sentence of 15 y…

  • Sentencing Principles
  • Indecent Assault
  • Correctional Supervision
  • Zinn Triad
  • Aggravating Circumstances
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Criminal Law [2009] ZAGPPHC 388

Makambilwa and Another v S (A1046/2006)

Makambilwa and Another v S (A1046/2006) [2009] ZAGPPHC 388 (23 September 2009)

The High Court dismissed two appeals against sentence for drug-dealing convictions, finding no misdirection and holding the sentences were proportionate and not shockingly severe.

  • Sentencing Discretion
  • Appeal Against Sentence
  • Drug Offences
  • Zinn Triad
  • Judicial Misdirection
  • Appeal-against-sentence
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