Dihangoane v S (CC48/2019) [2020] ZAGPPHC 346 (24 July 2020)

Dihangoane v S (CC48/2019) [2020] ZAGPPHC 346 (24 July 2020)

The court found that the offences committed by the accused—two counts of murder, multiple counts of robbery with aggravating circumstances, unlawful possession of firearms and ammunition, contravention of the Explosives Act, and malicious injury to property—are extremely serious and prevalent in South Africa. The murders were committed in the course of robberies with aggravating circumstances and by a group acting in furtherance of a common purpose, bringing the accused within the ambit of section 51(1) of the Criminal Law Amendment Act for life imprisonment. The robberies attract a minimum sentence of fifteen years under section 51(2). The court considered all mitigating factors,...

Citation
[2020] ZAGPPHC 346
Parties
Respondent: The State; Applicant: Manoko Stanford Dihangoane
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 July 2020
Case Number
CC48/2019
Procedural Posture
Criminal Trial / Sentencing
Outcome
The accused was sentenced to life imprisonment for two counts of murder, fifteen years' imprisonment for each count of robbery with aggravating circumstances, and additional terms for other offences. The court declared the accused unfit to possess firearms and explosives.
Judges
Morrison AJ
Legal Topics
Minimum Sentencing, Murder, Robbery With Aggravating Circumstances, Firearms Control, Explosives Offences, Malicious Injury to Property
Criminal Law Minimum Sentencing Murder Robbery With Aggravating Circumstances Firearms Control Explosives Offences Malicious Injury to Property

Case Brief

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Parties

The State

Respondent

Manoko Stanford Dihangoane

Applicant

Procedural Posture

Criminal Trial / Sentencing

Legal Issues

  1. 1 Whether substantial and compelling circumstances exist to justify departure from prescribed minimum sentences for murder and robbery with aggravating circumstances.
  2. 2 Whether the accused's personal circumstances warrant a lesser sentence than the statutory minimum.
  3. 3 Whether the accused is a candidate for rehabilitation and whether this should affect sentencing.

Ratio Decidendi

The court found that the offences committed by the accused—two counts of murder, multiple counts of robbery with aggravating circumstances, unlawful possession of firearms and ammunition, contravention of the Explosives Act, and malicious injury to property—are extremely serious and prevalent in South Africa. The murders were committed in the course of robberies with aggravating circumstances and by a group acting in furtherance of a common purpose, bringing the accused within the ambit of section 51(1) of the Criminal Law Amendment Act for life imprisonment. The robberies attract a minimum sentence of fifteen years under section 51(2). The court considered all mitigating factors,...

Court Disposition

The accused was sentenced to life imprisonment for two counts of murder, fifteen years' imprisonment for each count of robbery with aggravating circumstances, and additional terms for other offences. The court declared the accused unfit to possess firearms and explosives.

Orders

  • On count 1: Fifteen years' imprisonment.
  • On count 2: Five years' imprisonment.