Mangaliso en Ander v S (A125/2011) [2011] ZAWCHC 524 (15 November 2011)

Mangaliso en Ander v S (A125/2011) [2011] ZAWCHC 524 (15 November 2011)

The court found that the convictions of both appellants were correct and should be confirmed. However, the sentences imposed by the trial court were set aside as the appellate court determined that they were not appropriate in the circumstances. The court substituted the sentences with eight years' imprisonment for the first appellant and six years' imprisonment for the second appellant, both sentences backdated to 21 September 2010.

Citation
[2011] ZAWCHC 524
Parties
Appellant: Eugenen Mangaliso; Appellant: Alfred T Njombela; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
15 November 2011
Case Number
A125/2011
Procedural Posture
Criminal Appeal / Appeal Judgment
Outcome
Convictions confirmed; sentences set aside and replaced.
Judges
Van Staden, Binns-Ward
Legal Topics
Sentencing, Conviction Confirmation
Criminal Law Sentencing Conviction Confirmation

Case Brief

Summary, issues, holding and outcome

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Parties

Eugenen Mangaliso

Appellant

Alfred T Njombela

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the convictions of both appellants should be upheld.
  2. 2 Whether the sentences imposed on both appellants should be set aside and replaced.

Ratio Decidendi

The court found that the convictions of both appellants were correct and should be confirmed. However, the sentences imposed by the trial court were set aside as the appellate court determined that they were not appropriate in the circumstances. The court substituted the sentences with eight years' imprisonment for the first appellant and six years' imprisonment for the second appellant, both sentences backdated to 21 September 2010.

Court Disposition

Convictions confirmed; sentences set aside and replaced.

Orders

  • The convictions of both appellants are confirmed.
  • The sentences of both appellants are set aside and replaced as follows: The first appellant is sentenced to eight (8) years' imprisonment, backdated to 21 September 2010. The second appellant is sentenced to six (6) years' imprisonment, backdated to 21 September 2010.