Mokgabodi v S (A590/2013) [2014] ZAGPJHC 123 (27 May 2014)

Mokgabodi v S (A590/2013) [2014] ZAGPJHC 123 (27 May 2014)

The regional magistrate's refusal to order the sentences to run concurrently constituted a material misdirection. The offences were committed within two weeks of each other and, in the normal course, would have been tried together. The cumulative sentence of 22 years' imprisonment is excessively severe and shockingly inappropriate. The Supreme Court of Appeal in S v Mabunda confirmed that concurrency should be ordered in similar circumstances. The appellant has already served a substantial portion of the first sentence, and the present offence was committed over 12 years ago. The court intervened to ensure the sentences run concurrently, resulting in an effective sentence of 15 years'...

Citation
[2014] ZAGPJHC 123
Parties
Appellant: Sprite Mokgabodi; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
27 May 2014
Case Number
A590/2013
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal against sentence upheld to the extent that the sentences are ordered to run concurrently.
Judges
FHD Van Oosten, Z Buthelezi
Legal Topics
Sentencing Principles, Concurrent Sentences, Housebreaking and Theft, Misdirection in Sentencing
Criminal Law Sentencing Principles Concurrent Sentences Housebreaking and Theft Misdirection in Sentencing

Case Brief

Summary, issues, holding and outcome

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Parties

Sprite Mokgabodi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the refusal to order the appellant's sentences to run concurrently constituted a misdirection.
  2. 2 What would have been the appropriate cumulative sentence if both offences were tried together.
  3. 3 Whether the effective sentence imposed is shockingly inappropriate given the circumstances.

Ratio Decidendi

The regional magistrate's refusal to order the sentences to run concurrently constituted a material misdirection. The offences were committed within two weeks of each other and, in the normal course, would have been tried together. The cumulative sentence of 22 years' imprisonment is excessively severe and shockingly inappropriate. The Supreme Court of Appeal in S v Mabunda confirmed that concurrency should be ordered in similar circumstances. The appellant has already served a substantial portion of the first sentence, and the present offence was committed over 12 years ago. The court intervened to ensure the sentences run concurrently, resulting in an effective sentence of 15 years'...

Court Disposition

Appeal against sentence upheld to the extent that the sentences are ordered to run concurrently.

Orders

  • The sentence of 7 years' imprisonment is ordered to be served concurrently with the sentence the accused is serving at present.