WebThis is a summary of the S v Ferreira case wherein it had to be decided whether substantial and compelling reasons existed to deviate from a prescribed sentence. Skip to document. ... Malgas case. Gross physical and psychological abuse coupled with her clean record and personal circumstances did constitute substantial and compelling circumstances. WebThe Supreme Court of Appeal clarified the meaning of substantial and compelling circumstance in the well-known Malgas case in which it held, inter alia, that courts should not lightly depart from imposing severe sentences, since the legislature had singled out the scheduled offences to be punished severely because they are serious offences. ...
S v Ferreira Case Summary - Criminal Law - Studocu
Web6.1 Summary. South African law provides minimum sentences of imprisonment for a relatively small range of serious offences, including murder, rape, robbery and serious economic crimes. ... In S v Malgas, [18] the Supreme Court of Appeal decided that, if the prescribed sentence would result in an injustice, this would amount to a substantial and ... WebSee Page 1. Page 9 of 16. Page 10 of 16. Cases S v Malgas 2001 (1) SACR 469 (SCA) Facts The appellant, a 22 year-old woman, had been staying in the deceased’s house … phenolic resin table tops
Kgasoane v S (CA13/21) [2024] ZANWHC 18 (31 January 2024)
WebJan 31, 2024 · [17] In respect of the courts sentencing discretion where a mandatory sentence finds application, the guidance provided in S v Malgas 2001 (2) SA 1222 where the following was stated, is instructive: "[12] The mental process in which courts engage when considering the questions of sentence depends upon the task at hand. WebA. SUMMARY The approach taken by the South African Supreme Court of Appeal in S v Malgas 2001 (2) SA 1222 ... Court of Appeal, S v Malgas 2001 (2) SA 1222 (SCA). In … Webthe type of crime and the public’s need f or effective sanctions against it. 21 The Malgas decision has since been considered by the Constitutional Court in S v Dod o 22 to be correct. However, the Supreme Court of Appeal cases of S v. Mahom otsa, 23 and S v Ab rah am s 24 added a phenolic resin table