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Judgments on sentence

128 judgments on file that touch sentence, newest first, each with the court's own file.

Handed downJudgmentCourt
27 Sep 2018 Tarr v S[2018] ZACC 35 · Extra-curial statement — Interference with factual findings of a lower court Constitutional Court
21 Sep 2018 - Bhola & others v The State (800/18; 123/2018; and 346/18)[2018] ZASCA 121 Supreme Court of Appeal
3 Sep 2018 M T v The State; A S B v The State and Johannes September v The State[2018] ZACC 27 · Criminal Law Amendment Act 105 of 1997 — section 51(1) — minimum sentences — exclusion from charge sheet Leave to appeal — inherent power of... Constitutional Court
29 Aug 2018 Shiburi v The State[2018] ZASCA 107 Supreme Court of Appeal
21 Aug 2018 Scholtz & others v The State (428/17, 491/17, 635/17, 636/17)[2018] ZASCA 106 Supreme Court of Appeal
1 Jun 2018 Gongqose & others v Minister of Agriculture, Forestry & Fisheries and others; Gongqose & others v State & others (1340/16 & 287/17)[2018] ZASCA 87 Supreme Court of Appeal
1 Jun 2018 Oosthuizen & another v S[2018] ZASCA 92 Supreme Court of Appeal
18 May 2018 Criminal law - plea of guilty under s 112(2) of the Criminal Procedure Act 51 of 1977 - where all the elements of an offence are admitted in a written plea ofguilty an accused may be convicted accordingly on the basis of the plea - respondent admitted having had sexual intercourse with the 12 year old complainant - sentenceof life imprisonment improperly set aside by the high court on appeal on the basis of lack of evidence of complainant’s age - appeal by the National Director of Pros[2018] ZASCA 60 · Criminal law – appeal by State against sentences for two counts of housebreaking with intent to rape and rape – misdirections by trial court... Supreme Court of Appeal
25 Apr 2018 Conradie v S[2018] ZACC 12 · Section 35(3)(o) of the Constitution — right to a fair trial— is trial record of proceedings relevant for leave to appeal application? Constitutional Court
28 Mar 2018 166.55 KB Criminal Procedure Act 51 of 1977 - Section 316B - appeal by State – rape of 6 year old boy – sentence imposed of 10 years imprisonment of which 4 years suspended – shockingly and disturbingly lenient – no substantial and compelling circumstances present – sentence of life imprisonment substituted. CSARS v The Executors of Estate Late Sidney Ellerine[2018] ZASCA 39 · Eighth Schedule to the Income Tax Act of 1962 – valuation of preference shares for the purposes of determination of a capital gain. Supreme Court of Appeal
15 Mar 2018 Klaas-v-S[2018] ZACC 6 · Criminal Appeal — Drugs and Drug Trafficking Act — sentence — drug dealing and drug manufacturing — market value of drugs not proven — minim... Constitutional Court
23 Feb 2018 S and Another v Okah; Okah v S (Institute for Security Studies and Southern Africa Litigation Centre as Amici Curiae)[2018] ZACC 3 Constitutional Court
23 Feb 2018 175.48 KB Appeal against refusal of petition for leave to appeal against conviction and sentence for robbery with aggravating circumstances – no reasonable prospects of success concerning conviction – concerning sentence, trial court appeared not to have taken into account period of about three and a half years spent by appellants awaiting trial – reasonable prospects of success on appeal against sentence. DPP v Booysen[2018] ZASCA 7 · Criminal law and procedure – minimum sentence legislation - respondent convicted on two counts of murder and one count of robbery with aggra... Supreme Court of Appeal
13 Feb 2018 240.54 KB Rape – sentence – life imprisonment - appellant and complainant aged 23 and 16 years respectively – period awaiting trial one of several factors to be considered cumulatively in determining whether substantial and compelling circumstances exist and proportionality of sentence – interference only if misdirection or trial court’s sentence grossly disproportionate. Fortuin v S[2018] ZASCA 5 · Appeal – whether the high court should have granted leave to appeal to it against a conviction of attempted rape – reasonable prospect of a... Supreme Court of Appeal
2 Dec 2017 Phakane v S[2017] ZACC 44 Constitutional Court
1 Dec 2017 230.48 KB Appeal against conviction and sentence – doctrine of common purpose improperly applied – conviction set aside – sentence reduced based on misdirections including failure to take into account considerable period spent in detention pending finalisation of trial. Malele v The State[2017] ZASCA 173 · Reconsideration in terms of s 17(2)(f) of the Superior Courts Act of 2013 of a decision of two judges of the court refusing leave to appeal... Supreme Court of Appeal
1 Dec 2017 131.5 KB Appeal against sentence – misdirections by the court a quo, including failure to take period of incarceration into account pending finalisation of the trial – sentences reduced. Van der Westhuizen v Burger[2017] ZASCA 178 · Actio de ferris – defence of provocation – ostrich provoked – owner not liable. Supreme Court of Appeal
1 Dec 2017 142.13 KB Criminal law and procedure – evidence obtained contrary to the provisions of s 35 of the Constitution – appellant assaulted - trial rendered unfair - onus on the State to prove that a confession or admission was made voluntarily - no admissible incriminating evidence against the appellant – convictions and sentences set aside. Msimango v The State[2017] ZASCA 181 · Criminal Law – appellant convicted of one count of robbery with aggravating circumstances read with s 51(2) of the Criminal Law Amendment Ac... Supreme Court of Appeal
21 Nov 2017 effective sentence 23 years’ imprisonment Umude & others v The State[2017] ZASCA 150 · Criminal Procedure – appeal against conviction – leave to appeal refused by magistrate – petition refused by the courts a quo – special leav... Supreme Court of Appeal
8 Nov 2017 252.62 KB Evidence – pointing-out – trial-within-a trial – after pointing out ruled admissible, no evidence in record to prove contents of pointing-out – such evidence either not led or, if led, lost and not capable of being reconstructed – no admissible evidence implicating appellant in commission of offences – convictions and sentences set aside. Botha v S[2017] ZASCA 148 · Criminal procedure – refusal of discharge in terms of s 174 – court a quo did not act irregularly by refusing discharge – there was evidence... Supreme Court of Appeal
26 Oct 2017 398.1 KB Criminal procedure – refusal of discharge in terms of s 174 – court a quo did not act irregularly by refusing discharge – there was evidence on which a reasonable court might convict. Criminal procedure – reopening of the State’s case – State failed to establish grounds for reopening – court a quo’s decision to allow reopening irregular (Mokgohloa AJA and Mbatha AJA dissenting). Criminal procedure – whether State proved beyond reasonable doubt that appellant shot deceased and[2017] ZASCA 147 · Company: Shareholders: Oppression: Oppressive or Unfairly Prejudicial Conduct: Section 252 of the Companies Act of 1973: party entitled to r... Supreme Court of Appeal
21 Sep 2017 119.72 KB Criminal law – appeal against conviction of rape – appellant failed to testify – conceded by appellant that sexual intercourse proved – lack of consent and intention also proved – appeal against conviction dismissed – appeal against sentence – no misdirection on part of court below and sentence of 22 years imprisonment not shockingly inappropriate – appeal against sentence dismissed. Costa NO v Arvum Exports[2017] ZASCA 113 · Trust: a resolution of trustees of a family trust, that authorized one trustee to ‘sign all the documentation’, does not authorize the concl... Supreme Court of Appeal
13 Sep 2017 181.41 KB Criminal Procedure – rape – sentence – life imprisonment – minimum sentence in terms of Criminal Law Amendment Act 105 of 1997 – substantial and compelling circumstances – proper approach – to require exceptional circumstances for the determination of whether substantial and compelling circumstances exist, incorrect – sentence of life imprisonment set aside and replaced with 15 years' imprisonment. Rantlai v The State[2017] ZASCA 106 · Appeal against sentence – appellant convicted on three counts of robbery read with s 51(2)(a) of the Criminal Law Amendment Act 105 of 1997,... Supreme Court of Appeal
11 Sep 2017 129.4 KB Appeal against sentence – appellant convicted on three counts of robbery read with s 51(2)(a) of the Criminal Law Amendment Act 105 of 1997, as amended by the Criminal Law (Sentencing ) Amendment Act 38 of 2007 and one count of unlawful possession of a firearm and one of unlawful possession of ammunition – all three counts of robbery were taken together for purposes of sentence – the appellant was sentenced to a composite sentence of 20 years’ imprisonment – the conviction in[2017] ZASCA 105 · Application for permanent stay of prosecution – extraordinary remedy – complaint that the right to have trial begin and conclude without rea... Supreme Court of Appeal
6 Sep 2017 112.81 KB Criminal Procedure - Appeal against sentence - whether substantial and compelling circumstances exist to justify deviation from prescribed life sentence - whether misdirection by trial court and full court - no misdirection found - appeal dismissed. Minister of Safety and Security v Magagula[2017] ZASCA 103 · Criminal Law and procedure — damages — Unlawful arrest and detention — appeal against judgment awarding damages for unlawful arrest and dete... Supreme Court of Appeal
31 Mar 2017 187.68 KB Conviction and Sentence – special leave to appeal – reasonable prospects of success on appeal against conviction to the high court, and special circumstances present which would justify the grant of special leave to appeal to the high court – failure by the trial court to take account of inconsistencies in written statement and oral testimony of single witness – failure to consider elements of charge of attempt to steal a motor vehicle – leave to appeal to high court granted.[2017] ZASCA 48 · Intellectual property: claim for patent infringement: s 45 Patents Act of 1978: extent of protection determined by wording of claims: claims... Supreme Court of Appeal
12 Mar 2010 385/2009 Burger v The State (236/09)[2010] ZASCA 12 Supreme Court of Appeal
18 Mar 2008 JG Swanepoel v The State (508/07)[2008] ZASCA 8 Supreme Court of Appeal

A judgment is listed here when the court's own summary or its title uses the term; it is a finding aid, not a headnote. All topics.