Recent Case: Sentencing

• Jurisdiction: South Africa
• Date: 24 May 2019
• Pages: 117-122
• Author: Stephan Terblanche
• Citation: (2007) 20 SACJ 117
• Published date: 24 May 2019

Sentencing

STEPHAN TERBLANCHE

University of South Africa, Pretoria

General principles

Mitigating factors

In S v Alam 2006 (2) SACR 613 (CkHC) a couple of mitigating factors

and their influence on the case were discussed in some detail. The

accused committed murder and rape and pleaded guilty to these

charges. He claimed that the murder was committed because of his

belief in witchcraft. A traditional healer offered him R7 000 for human

blood, which he then obtained by stabbing the deceased. He then also

had an insuppressible desire to have sexual intercourse with the wife

lying nearby. He threatened her with the knife in order to stifle any

Recent cases 117

(2007) 20 SACJ 117

© Juta and Company (Pty) Ltd