Gwadiso and Another v S (A425/2017) [2018] ZAWCHC 33 (16 March 2018)

Gwadiso and Another v S (A425/2017) [2018] ZAWCHC 33 (16 March 2018)

The court found that the theft and damage to Telkom's copper cabling constituted interference with a basic service, thus falling under Part II of Schedule 2 of the Criminal Law Amendment Act 105 of 1997, as amended. The prescribed minimum sentence of 15 years imprisonment was applicable, and the magistrate correctly considered the seriousness of the offence, the prevalence of such crimes, and the need for deterrence. The magistrate did not materially misdirect herself and took into account the appellants' personal circumstances and pre-trial incarceration. The sentences imposed were not grossly disproportionate or inappropriate, and there was no basis for interference by the appeal court.

Citation
[2018] ZAWCHC 33
Parties
Appellant: Wiseman Gwadiso; Appellant: Sinivele Ludonge; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
16 March 2018
Case Number
A425/2017
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal against sentence dismissed.
Judges
C M Fortuin, J I Cloete
Legal Topics
Minimum Sentences, Essential Infrastructure Theft, Sentencing Discretion, Pre Trial Incarceration, Correctional Supervision, Individualisation of Sentence
Criminal Law Minimum Sentences Essential Infrastructure Theft Sentencing Discretion Pre Trial Incarceration Correctional Supervision Individualisation of Sentence

Case Brief

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Parties

Wiseman Gwadiso

Appellant

Sinivele Ludonge

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the magistrate erred in categorising the offence under Part II instead of Part V of Schedule 2 of the Criminal Law Amendment Act 105 of 1997.
  2. 2 Whether the magistrate failed to give sufficient weight to the appellants' personal circumstances and pre-trial incarceration.
  3. 3 Whether the sentence imposed was grossly disproportionate or inappropriate given the facts.

Ratio Decidendi

The court found that the theft and damage to Telkom's copper cabling constituted interference with a basic service, thus falling under Part II of Schedule 2 of the Criminal Law Amendment Act 105 of 1997, as amended. The prescribed minimum sentence of 15 years imprisonment was applicable, and the magistrate correctly considered the seriousness of the offence, the prevalence of such crimes, and the need for deterrence. The magistrate did not materially misdirect herself and took into account the appellants' personal circumstances and pre-trial incarceration. The sentences imposed were not grossly disproportionate or inappropriate, and there was no basis for interference by the appeal court.

Court Disposition

Appeal against sentence dismissed.

Orders

  • The appeals of the first and second appellants against their respective sentences are dismissed.