Nakedi v S (CA 36/2019) [2020] ZANWHC 83 (7 May 2020)

Nakedi v S (CA 36/2019) [2020] ZANWHC 83 (7 May 2020)

The court found that while the trial court's reasoning regarding the absence of substantial and compelling circumstances was sound, the failure to consider the discretion under Section 280 of the Criminal Procedure Act regarding concurrent sentences constituted a misdirection. The offences were committed in close proximity, and the appellant's personal circumstances were favourable. Ordering the sentences to run consecutively resulted in a shockingly excessive and inappropriate sentence. The court exercised its discretion to order that half of the sentence for rape run concurrently with the sentence for robbery, resulting in an effective sentence of 20 years imprisonment, which was deemed...

Citation
[2020] ZANWHC 83
Parties
Appellant: Kagiso Stoffel Nakedi; Respondent: The State
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
7 May 2020
Case Number
CA 36/2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal against sentence upheld; sentence altered to an effective 20 years imprisonment.
Judges
R D Hendricks, P L Nobanda
Legal Topics
Minimum Sentences, Concurrent Sentences, Sentencing Discretion, Robbery With Aggravating Circumstances, Rape, Firearms Control
Criminal Law Minimum Sentences Concurrent Sentences Sentencing Discretion Robbery With Aggravating Circumstances Rape Firearms Control

Case Brief

Summary, issues, holding and outcome

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Parties

Kagiso Stoffel Nakedi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the trial court erred in ordering sentences to run consecutively rather than concurrently.
  2. 2 Whether the effective sentence of 25 years imprisonment is shockingly inappropriate given the appellant's personal circumstances.
  3. 3 Whether substantial and compelling circumstances exist to justify deviation from the prescribed minimum sentences.

Ratio Decidendi

The court found that while the trial court's reasoning regarding the absence of substantial and compelling circumstances was sound, the failure to consider the discretion under Section 280 of the Criminal Procedure Act regarding concurrent sentences constituted a misdirection. The offences were committed in close proximity, and the appellant's personal circumstances were favourable. Ordering the sentences to run consecutively resulted in a shockingly excessive and inappropriate sentence. The court exercised its discretion to order that half of the sentence for rape run concurrently with the sentence for robbery, resulting in an effective sentence of 20 years imprisonment, which was deemed...

Court Disposition

Appeal against sentence upheld; sentence altered to an effective 20 years imprisonment.

Orders

  • The appeal against sentence is upheld.
  • The sentence of the court a quo is altered to: Count 1: 15 years imprisonment; Count 2: 10 years imprisonment; Half of the sentence on count 2 (5 years) to run concurrently with count 1; Effective sentence is 20 years imprisonment.