Gariep Local Circuit Division held at Upington

2 judgments

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2 judgments
Citation
Judgment date
October 2023
No substantial and compelling circumstances found; life imprisonment imposed for the femicide of a 34‑week pregnant woman.
Criminal law – Sentencing – Murder – Mandatory minimum sentence under s 51(1) Criminal Law Amendment Act – Whether substantial and compelling circumstances exist to deviate from life imprisonment; aggravating factors: femicide, position of trust, viability of foetus; aged unrelated prior convictions excluded.
31 October 2023
Accused convicted of murder of the deceased; killing an unborn foetus is not a separate murder under current law.
Criminal law – murder – sufficient medical and eyewitness evidence establishing identity and dolus directus for murder of a pregnant woman; Domestic Violence Act contravention acquitted for poor identification; Legal development – killing of unborn foetus not a separate crime of murder under current law (principle of legality).
30 October 2023