Webto this is the need to reconfigure the sentencing process in appropriate cases in keeping with the principles of restorative justice (SALC Report on a New Sentencing Framework above n 3 at 24-5), a matter which is considered below at paras 64 and 71. 7 S v Banda and Others 1991 (2) SA 352 ( B) at 355A- /C. 6 WebMar 19, 2001 · OF SOUTH AFRICA. Case No: 117/2000. In the matter between. HENNA MALGAS Appellant. and. THE STATE Respondent. CORAM: HARMS, MARAIS, CAMERON JJA CHETTY et MTHIYANE AJJA. DATE HEARD: 16 February 2001. DATE … SUMMARY TRIAL. Summary trial and court of trial; Charge-sheet and proof of …
CONSTITUTIONAL COURT OF SOUTH AFRICA - De Rebus
WebState v. Engelbrecht. In determining sentencing for a woman convicted of murdering her spouse, expert testimony regarding battered woman syndrome is more relevant to the sentencing decision than to the assessment of the legality of the defendant's actions. The court reviewed a line of cases involving women convicted of murdering their abusive ... WebAccording to the S v Mofokeng12 case, the Criminal Law Amendment Act was enacted to restore the public’s faith in the justice system i.e. give them a sense that harsher … thesaurus pulled
The prospect of rehabilitation as a ‘substantial and compelling ...
Webcase is atypical (S v Vilakazi supra par 19). It is also wrong to view circumstances as substantial and compelling only if they are exceptional in the sense of being seldom … Web[S v Malgas supra at 482 para G. See also S v Matyityi supra.] [15] In this case and much as what happened in Matyityi’s case supra the appellant was 27 years old and that the offences committed were, inter alia, rape and murder in circumstances where the provisions of section 51(1) of Act 105 of 1997 were applicable. WebFeb 7, 2024 · The rationale behind the concept of remorse as dealt with in S v Seegers 1970 (2) SA 506 (A); S v D 1995 (1) SACR 259(A) at 261 a-c; S v Volkwyn 1995 (1) SACR 286 (A); S v Martin 1996 (2) SACR 378 (W) at 383 g-i•, and S v Mokoena 2009 (2) SACR 309 (SCA) at paragraph 9, is succinctly encapsulated in S v Matyityi 2011 (1) SACR 40 (SCA) … thesaurus pull out