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Cited documents 6
Act
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Citizenship and Immigration
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Education
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Environment, Climate and Wildlife
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Health and Food Safety
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Human Rights
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International Law
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Labour and Employment
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Dispute Resolution and Mediation
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Peace and Security
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Judgment
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Reported
Whether remorse and relative youth justify departing from s51 mandatory life sentences for murder and rape.
Criminal Law Amendment Act s 51 – minimum sentences; substantial and compelling circumstances; plea of guilty and remorse; relative youthfulness as mitigation; application of S v Malgas; victim impact and sentencing; life imprisonment for murder and rape.
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Reported
Life sentence for rape of under‑16 held disproportionate; Malgas/Dodo proportionality test requires full case-specific assessment.
Criminal law – Rape where victim under 16 – Mandatory minimums under Criminal Law Amendment Act – Application of Malgas/Dodo determinative test for substantial and compelling circumstances – High Court misdirections (age, medical history) – Conviction upheld on evidence of non-consent and mens rea – Sentencing: life disproportionate; substituted 15 years with pre-trial detention credit.
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Reported
SCA: provincial court's restorative, suspended compensation sentence for rape was legally incompetent; four years' imprisonment substituted.
Criminal law — rape conviction — sufficiency of evidence (victim testimony and J88); sentence competence — s 297(1) v s 297(4); State appeal under s 311 against provincial division's decision on question of law; limits on restorative justice and compensation orders for serious sexual offences.
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