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Appellant's age, intoxication and remorse insufficient to establish substantial and compelling circumstances to avoid prescribed life sentence.
Criminal law – Minimum sentences – Section 51(1) and Part 1 of Schedule 2, Criminal Law Amendment Act 105 of 1997 – murder committed in course of rape attracts prescribed life sentence unless substantial and compelling circumstances exist; Malgas principles reiterated. Sentencing – weight of remorse, guilty plea, youth, intoxication and first‑offender status when considering deviation from prescribed sentences. Appellate review – intervention permissible only for material misdirection or improper exercise of discretion.
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28 May 2015 |