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S v Salzwedel
''S v Salzwedel and Others'',〔2000 (1) SA 786 (SCA).〕 an important case in South African criminal law and criminal procedure, was heard in the Supreme Court of Appeal (SCA) on 4 November 1999, with judgment handed down on 29 November. The judges were Mahomed CJ, Smalberger JA, Olivier JA, Melunsky AJA and Mpati AJA. GG Turner appeared for the appellant (the state); P. Myburgh, instructed by the Legal Aid Board, for the respondents, whose heads of argument were drawn up by JR Koekemoer.
The case dealt with factors to be taken into account in the imposition of sentences. Among the aggravating factors was racial motivation in the commission of a serious offence. This was found to subvert the fundamental premises of the ethos of human rights which now, after the negotiated settlement, permeated South Africa's processes of judicial interpretation and judicial discretion, including sentencing policy in punishment of criminal offences. A substantial term of imprisonment, for a murder committed out of racism, would give expression to the legitimate feelings of outrage experienced by all reasonable men and women in the community when the circumstances of the offence were disclosed and appreciated. It would also send a strong message to the country that the courts would not tolerate the commission of serious crimes perpetrated in consequence of racist and intolerant values inconsistent with the ethos of the Constitution, and that the courts would deal severely with offenders guilty of such conduct.
== Facts ==
The respondents had been convicted, ''inter alia'', of murder in a Provincial Division. In sentencing them for a racially motivated crime, the court ''a quo'' had taken into account as a mitigating factor (among others) that they had been influenced by the racist conditioning of the environment in which they had grown up. Finding that direct imprisonment would serve no other purpose than retribution, the court ''a quo'' sentenced the respondents to an effective sentence of three years' correctional supervision.
The State appealed against this sentence.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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