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Cited documents 8
Act
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Dispute Resolution and Mediation
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Peace and Security
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Human Rights
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Human Rights
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Peace and Security
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Judgment
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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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Reported
A 17-year-old convicted of rape was sentenced to five years' imprisonment under section 276(1)(i), balancing youth, rehabilitation, and deterrence.
Criminal law – Sentencing – Child offender – Rape – Whether court erred in rejecting correctional supervision – Constitution and international guidelines on sentencing of children – Appropriateness of custodial sentence versus correctional supervision for a 17-year-old convicted of a serious crime.
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Reported
A probation officer’s report is unnecessary if reliable information about caregiving and a child’s best interests is placed before the court.
Sentence — probation officer’s report — not mandatory where reliable information about caregiving and child’s best interests is placed before court; primary caregiver inquiry; collateral harm to children does not automatically preclude imprisonment; S v M and MS v S considered.
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