S v Leew and Another (602/2006) [2006] ZAFSHC 84 (6 July 2006)

S v Leew and Another (602/2006) [2006] ZAFSHC 84 (6 July 2006)

The court found that the magistrate erred by imposing a heavier sentence on the first accused, who was only 17 years old at the time of the offence, without giving sufficient weight to his youth and the fact that the second accused played a leading role. Although the first accused had a previous conviction for robbery, the suspended sentence for that offence should be balanced against the mitigating factors. The court held that both accused should receive the same sentence, and accordingly set aside the sentence of the first accused and replaced it with two years' imprisonment, to be deemed imposed on 2 May 2006.

Citation
[2006] ZAFSHC 84
Parties
Applicant: Die Staat; Respondent: Isaac Jumba Leew; Respondent: Another
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
6 July 2006
Case Number
602/2006
Procedural Posture
Review Application / Review of Sentence
Outcome
The conviction of both accused is confirmed. The sentence of the second accused is confirmed. The sentence of the first accused is set aside and replaced with two years' imprisonment, deemed imposed on 2 May 2006.
Judges
WRIGHT, R, KRUGER, R
Legal Topics
Sentencing Youth Offenders, Housebreaking, Theft, Sentence Review
Criminal Law Sentencing Youth Offenders Housebreaking Theft Sentence Review

Case Brief

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Parties

Die Staat

Applicant

Isaac Jumba Leew

Respondent

Another

Respondent

Procedural Posture

Review Application / Review of Sentence

Legal Issues

  1. 1 Whether the sentence imposed on the first accused, a youth offender, was appropriate given his age and role in the offence.
  2. 2 Whether the magistrate correctly distinguished between the sentences of the two accused.
  3. 3 Whether the aggravating and mitigating factors were properly balanced in sentencing.

Ratio Decidendi

The court found that the magistrate erred by imposing a heavier sentence on the first accused, who was only 17 years old at the time of the offence, without giving sufficient weight to his youth and the fact that the second accused played a leading role. Although the first accused had a previous conviction for robbery, the suspended sentence for that offence should be balanced against the mitigating factors. The court held that both accused should receive the same sentence, and accordingly set aside the sentence of the first accused and replaced it with two years' imprisonment, to be deemed imposed on 2 May 2006.

Court Disposition

The conviction of both accused is confirmed. The sentence of the second accused is confirmed. The sentence of the first accused is set aside and replaced with two years' imprisonment, deemed imposed on 2 May 2006.

Orders

  • The conviction of both accused is confirmed.
  • The sentence of the second accused is confirmed.