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Daweti and Another v S (A140/2011) [2011] ZAWCHC 526 (18 November 2011)

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IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT, CAPE TOWN)

 

CASE NUMBER: A140/2011

DATE: 18 NOVEMBER 2011

 

In the matter between:

 

INDIRAH DAWETI                                                                                      1st Appellant

 

& ONE OTHER                                                                                            2nd  Appellant

 

And

 

THE STATE                                                                                                 Respondent

 

JUDGMENT

 

VELDHUIZEN. J:

 

The two appellants were convicted in the Regional Court on a charge of robbery with aggravating circumstances. They were respectively sentenced to 12 years and 11 years imprisonment. Their appeals are directed at their sentences only. In the early hours of the morning of 16 December 2009, the complainants were in a motor vehicle. They were approached by four men. The one had, what appeared to be, a firearm. The front door of the motor vehicle was opened and whilst attempting to drive off, the complainants were robbed of several articles.

 

The two appellants were arrested shortly after the incident while attempting to draw money at an ATM with the complainants' credit cards. The appellants are relatively young and have no previous convictions. The crime they committed is, however, a serious one. The magistrate in a reasoned judgment, dealt with the crime, the personal circumstances of the accused and the interests of society. However, I am of the view that considering all the circumstances, the sentence is unduly harsh. I see no reason why a distinction should be drawn between the two appellants. I consider that a sentence of 10 years, of which part is suspended, would serve all the purposes of punishment.

 

In the result, the appeal is upheld, their convictions are confirmed, but their sentences are set aside and replaced with the following sentence. EACH APPELLANT IS SENTENCED TO 10 (TEN) YEARS IMPRISONMENT, OF WHICH THREE (3) YEARS IS SUSPENDED FOR FIVE (5) YEARS on condition that they are not convicted of robbery committed during the period of suspension.

 

VELDHUIZEN, J

I agree:

SABA, AJ