Notice to South Africans: Please visit sacoronavirus.co.za for up to date information on the COVID-19 outbreak.
Bail Lawyer Cape Town
Bail Lawyer More Information
Bail Lawyer Cape Town
Admitted Attorney of the High Court of South Africa
B.Bus.Sci (UCT), LLB (UCT), PDLP (UCT)
Need help now? 076 116 0623

Let Us Help You

Fill in your details to be contacted for
an assessment & appointment setup.




Harsh sentence for a minor crime

We came across an interesting case recently where the punishment most definitely did not fit the crime. A petty criminal received an unduly harsh sentence. Furthermore, there were minor children involved who might have been left without their caregiver if the sentence had been carried out.

An accused appeared before a magistrates court for the theft of shower gel and a body wash to the value of R160.50. The accused was a primary caregiver of two minor children (11 and 16). The initial magistrate sentenced the accused to three years’ imprisonment. 

Upon review, the Mpumalanga High Court found that the magistrate had failed to take the best interests of the children into account in ordering such a harsh sentence. 

Considering the children’s interests does not mean that a primary caregiver cannot or should not be given a harsh sentence as a punishment when it is deserved. However, in imposing such a sentence, the court should first take care of the best interests of the children under the accused’s care. The High Court found that the sentence of three years had failed to take the children’s best interests into account. It was reduced to 18 months, backdated to original date of sentencing.

Have you been unfairly treated by the courts?

SD Law is a firm of criminal lawyers who specialise in criminal defence and bail applications. We are available 24 hours a day / 7 days a week.

Our bail attorneys are here to help you, whether you are arrested unlawfully or lawfully. And if you or a loved one has received a sentence for an offence that you feel is unjust or excessive, contact us on 086 099 5146 or email Simon on sdippenaar@sdlaw.co.za to discuss your case.

This entry was posted in Arrest, Arrested Unlawfully, Bail Attorney, Bail Lawyer, Criminal Law, Sentencing and tagged , , . Bookmark the permalink.
Disclaimer

The information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.