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Lottering v S [2011] ZAWCHC 271; ; A254/2010 (14 February 2011)

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IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT, CAPE TOWN)

CASE NUMBER: A254/2010

DATE: 14 FEBRUARY 2011

In the matter between:

CHRISTIAAN HENRY LOTTERING ….........................................................Appellant

and

THE STATE ….......................................................................................................Respondent




J U D G MENT






NDITA, J:



This is a unanimous decision of the full bench of this division. Copies of the judgment will be made available to counsel. This Is the order of this court. The appeal is upheld and the sentence imposed by the court a quo is replaced as follows:

1. On the count of murder, the accused is sentenced to 22 years imprisonment.


2. On the count of robbery, which is count 2, the accused is sentenced to 12 years imprisonment



3. Count 3 and 4, which is unlawful possession of a firearm and ammunition, the accused is sentenced to two years imprisonment on each count.



The three sentences in count 2 to 4 are to run concurrently with the sentence in count 1.



NDITA, J