S v Jordaan and Others (CC20/2017) [2018] ZAWCHC 10 (7 February 2018)

S v Jordaan and Others (CC20/2017) [2018] ZAWCHC 10 (7 February 2018)

The court found that the offences were serious manifestations of gang-related violence in Manenberg, with aggravating features including the use of firearms and the vulnerability of the victims. The personal circumstances of the accused, while unfortunate, did not constitute substantial and compelling circumstances to deviate from the prescribed minimum sentences. Accused 2 was sentenced to an effective seven years' imprisonment for attempted murder and related firearm offences, taking into account time spent in custody and the cumulative effect of the sentences. Accused 1 received an effective 24 years' imprisonment for murder and related firearm offences, and accused 4 was sentenced to...

Citation
[2018] ZAWCHC 10
Parties
Applicant: THE STATE; Defendant: Nizaam Jordaan; Defendant: Shalomodien Dollie; Defendant: Manzan Maart; Defendant: Rozario Lottering; Defendant: Yusrie Benting
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
7 February 2018
Case Number
CC20/2017
Procedural Posture
Criminal Law / Sentencing After Conviction
Outcome
Accused 2 sentenced to seven years' imprisonment; accused 1 sentenced to 24 years' imprisonment; accused 4 sentenced to 20 years' imprisonment; accused 3 and 5 acquitted and discharged.
Judges
A G Binns-Ward
Legal Topics
Sentencing, Minimum Sentences, Gang Related Offences, Unlawful Possession of Firearms, Attempted Murder, Murder
Criminal Law Sentencing Minimum Sentences Gang Related Offences Unlawful Possession of Firearms Attempted Murder Murder

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Parties

THE STATE

Applicant

Nizaam Jordaan

Defendant

Shalomodien Dollie

Defendant

Manzan Maart

Defendant

Rozario Lottering

Defendant

Yusrie Benting

Defendant

Procedural Posture

Criminal Law / Sentencing After Conviction

Legal Issues

  1. 1 What is the appropriate sentence for each accused convicted of murder, attempted murder, and unlawful possession of firearms and ammunition?
  2. 2 Are there substantial and compelling circumstances to justify deviation from the prescribed minimum sentence for murder?
  3. 3 How should the court address delays caused by legal representatives' diary clashes under s 342A of the Criminal Procedure Act?

Ratio Decidendi

The court found that the offences were serious manifestations of gang-related violence in Manenberg, with aggravating features including the use of firearms and the vulnerability of the victims. The personal circumstances of the accused, while unfortunate, did not constitute substantial and compelling circumstances to deviate from the prescribed minimum sentences. Accused 2 was sentenced to an effective seven years' imprisonment for attempted murder and related firearm offences, taking into account time spent in custody and the cumulative effect of the sentences. Accused 1 received an effective 24 years' imprisonment for murder and related firearm offences, and accused 4 was sentenced to...

Court Disposition

Accused 2 sentenced to seven years' imprisonment; accused 1 sentenced to 24 years' imprisonment; accused 4 sentenced to 20 years' imprisonment; accused 3 and 5 acquitted and discharged.

Orders

  • Accused 2 (Shalomodien Dollie): Five years' imprisonment for attempted murder (count 2); five years' imprisonment for unlawful possession of firearm (count 4); two years' imprisonment for unlawful possession of ammunition (count 5). Sentence on count 5 and three years of count 4 to run concurrently with count 2,...
  • Accused 1 (Nizaam Jordaan): Twenty years' imprisonment for murder (count 7); eight years' imprisonment for unlawful possession of firearm (count 9); four years' imprisonment for unlawful possession of ammunition (count 10). Sentence on count 10 and four years of count 9 to run concurrently with count 7, effective 24...