Category Archive: Arrested Unlawfully

Harsh Sentence for a Minor Crime

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.

Was the harsh sentence fair?

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 in confidence.

First published on baillawyer.co.za 2020-02-03

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Unlawful Arrest, Detention & Police Brutality

Unlawful Arrest & Police Brutality

Few things are more traumatic or humiliating than being arrested – you can find yourself in a situation you are totally unprepared for; and if the arrest is unlawful, the distress is even greater. The following information tells you what to expect and how to handle the process, if you are unfortunate enough to find yourself in that position.

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Arrested unlawfully? Don’t wait for the worst to happen

Arrested Unlawfully in South Africa

Arrested unlawfully

Don’t wait for the worst to happen. We’ve written about arrestees’ right in the past, but the recent student protest action both here in Cape Town and across the country, especially at the Union Buildings, has seen a police response out of proportion to the threat posed by students protesting peacefully with a legitimate grievance; and we feel it is important to repeat the process you should follow in the event of arrest.

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