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South Africa: South Gauteng High Court, Johannesburg
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South Africa: South Gauteng High Court, Johannesburg
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[2023] ZAGPJHC 839
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J.B v S (A24/2022) [2023] ZAGPJHC 839 (27 July 2023)
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IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION,
JOHANNESBURG
CASE NO
: A24/2022
DATE
: 2022-08-08
NOT REPORTABLE
NOT OF INTEREST TO OTHER JUDGES
REVISED
27.07.23
In
the matter between
B,
J
And
STATE
Defendant
J U D G M E N T
YACOOB,
J
: This matter comes
before us on automatic appeal. The appellant appeals on sentence
only.
It was submitted that the sentence
lacks proportionality because of the appellant’s circumstances.
The appellant is a young
man with a history of having been abused.
However, we are satisfied that the Court below exercised its
discretion judiciously.
Against the circumstances of the appellant,
including the abuse he suffered as a child and his relative youth,
must be balanced
the fact that he showed no remorse or even any
evidence that he was perturbed for what he had done, as well as the
fact that he
knew he was HIV positive, and has now visited this HIV
sentence on his two young victims; the fact that his victims were
also younger
than he was, and they also had a troubled background.
When all these factors balance against
his own circumstances, we are both satisfied that magistrate
exercised his discretion judiciously
and therefore the appeal is
dismissed.
BHOOLA, AJ:
I agree.
- - - - - - - - - - - -
YACOOB, J
JUDGE OF THE HIGH COURT
DATE
:
27 July 2023