J.B v S (A24/2022) [2023] ZAGPJHC 839 (27 July 2023)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2023 >> [2023] ZAGPJHC 839 | Noteup | LawCite sino index ## J.B v S (A24/2022) [2023] ZAGPJHC 839 (27 July 2023) J.B v S (A24/2022) [2023] ZAGPJHC 839 (27 July 2023) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2023_839.html sino date 27 July 2023 SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy 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 sino noindex make_database footer start