Matloko and Others v S (A109/11) [2012] ZAFSHC 108 (31 May 2012)

Matloko and Others v S (A109/11) [2012] ZAFSHC 108 (31 May 2012)

The court found that the crimes committed by the appellants were extremely serious, involving the brutal murder of two defenceless victims, including a child, during a violent home invasion. The appellants acted in furtherance of a common purpose and their roles could not be differentiated. The court held that none of the personal circumstances advanced by the appellants, including time spent in custody, alleged intoxication, or their backgrounds, amounted to substantial and compelling circumstances justifying departure from the prescribed sentence of life imprisonment. The trial court erred in finding otherwise. The prescribed sentences of life imprisonment for counts 3 and 5 should have...

Citation
[2012] ZAFSHC 108
Parties
Appellant: Daniël Matloko; Appellant: Gerald Atter Gatri; Appellant: Amos Mkhaba; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
31 May 2012
Case Number
A109/11
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal against sentences for counts 3 and 5 upheld; sentences increased to life imprisonment. Appeals against other sentences dismissed.
Judges
C.H.G. Van der Merwe, S.P.B. Hancke, M.B. Molemela
Legal Topics
Sentencing, Life Imprisonment, Substantial and Compelling Circumstances, Murder, Concurrent Sentences
Criminal Law Sentencing Life Imprisonment Substantial and Compelling Circumstances Murder Concurrent Sentences

Case Brief

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Parties

Daniël Matloko

Appellant

Gerald Atter Gatri

Appellant

Amos Mkhaba

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the trial court erred in finding substantial and compelling circumstances justifying departure from the prescribed sentence of life imprisonment for murder.
  2. 2 Whether the sentences imposed in respect of counts 3 and 5 should be increased to life imprisonment.
  3. 3 Whether the order for concurrent serving of sentences was appropriate.

Ratio Decidendi

The court found that the crimes committed by the appellants were extremely serious, involving the brutal murder of two defenceless victims, including a child, during a violent home invasion. The appellants acted in furtherance of a common purpose and their roles could not be differentiated. The court held that none of the personal circumstances advanced by the appellants, including time spent in custody, alleged intoxication, or their backgrounds, amounted to substantial and compelling circumstances justifying departure from the prescribed sentence of life imprisonment. The trial court erred in finding otherwise. The prescribed sentences of life imprisonment for counts 3 and 5 should have...

Court Disposition

Appeal against sentences for counts 3 and 5 upheld; sentences increased to life imprisonment. Appeals against other sentences dismissed.

Orders

  • The sentences of each of the appellants on counts 3 and 5 and the orders in respect of concurrent serving of sentences are set aside.
  • A sentence of life imprisonment is imposed in respect of each appellant on each of counts 3 and 5.