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S v malgas summary

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 https://edgeexecutivecoaching.com

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

(PDF) S v Matyityi 2011 1 SACR 40 (SCA) - ResearchGate

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S v malgas summary

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Webanalysis of the interpretation of ‘substantial and compelling’ in S v Malgas and the cases that were decided before it. 8 2.1 INTRODUCTION 8 2.2 Interpretations by cases before S v Malgas 9 2.2.1 THE STRICT APPROACH 9 2.2.2 THE LENIENT APPROACH 15 2.2.3 THE BALANCED APPROACH 16 2.3 THE MALGAS INTERPRETATION OF SECTION 51(3) 19

S v malgas summary

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Webcase is atypical (S v Vilakazi supra par 19). It is also wrong to view circumstances as substantial and compelling only if they are exceptional in the sense of being seldom … WebMar 22, 2024 · The Appellant at the time of sentencing was thirty years old; 26.2. The Appellant left school after passing Grade 11 and worked for Group Five Construction and earned about R3 000.00 per month; 26.3. He had four children, three of whom are living with their mothers in the Eastern Cape; 26.4.

WebMalgas Name Meaning. Historically, surnames evolved as a way to sort people into groups - by occupation, place of origin, clan affiliation, patronage, parentage, adoption, and even … WebMar 28, 2024 · View Tommy Malgas's business profile at City of Cape Town. Find contact's direct phone number, email address, work history, and more.

http://www2.saflii.org/za/cases/ZAECMHC/2024/27.html WebS v Mati 2002 (1) SACR 323 (T) at 328D-E) that the distinction between force and . violence for purposes of the crime of publi c violence seems to have been adopted and .

WebFeb 7, 2024 · [6] In S v Malgas 2001 (2) SA 1222 Marais JA said the following: "[12] ... A court excising appellant jurisdiction cannot, in the absence of material misdirection by the trial court, approach the question of sentence as if it were the trial court and then substitute the sentence arrived at by it simply because it prefers it.

WebS v Dodo Case CCT 1/01 Decided on 05 April 2001 Media Summary The following media summary is provided to assist in reporting this case and is not binding on the … phenolic resin topWebIn the case of S v Matyityi 2011 1 SACR 40 (SCA), the SCA emphasised the importance of a victim-centred approach to sentencing. The SCA held that by accommodating the victim during the sentencing phase, the court would be better informed about the impact of the crime on the victim, and thus better able to achieve proportionality and balance between … phenolic resin topsWeb[17] The circumstances under which a court of appeal would interfere with a sentence was aptly summarised in S v Malgas by Marais JA as: “Where material misdirection by the trial court vitiates its exercise of that discretion, an appellate court is of course entitled to consider the question of sentence afresh. phenolic resin table topWebSummary: Common law rape — Doctrine of common purpose — instrumentality ORDER On appeal from the High Court of South Africa, Gauteng Local Division, Johannesburg, the following order is made: 1. In respect of the applications for leave to appeal in CCT 323/18 and ... 1 S v Chapman [1997] ZASCA 45; 1997 (3) SA 341 (SCA) at paras 3-4. phenolic resin top tableshttp://www.ghjru.uct.ac.za/sites/default/files/image_tool/images/242/parliamentary/Memorandum-Mandatory-Minimum-Sentencing.pdf phenolic resin thermoset or thermoplasticWebJan 1, 2012 · Nicci Whitear. In the case of S v Matshivha 2014 (1) SACR 29 (SCA), the appellant was convicted in the high court of rape and murder. He appealed against his conviction on both counts. It is the ... phenolic resin tdshttp://www.scielo.org.za/pdf/dejure/v45n3/09.pdf phenolic resin trackball