S v Likgopo (Sentence) (SS32/2022) [2022] ZAGPJHC 1030 (28 November 2022)

S v Likgopo (Sentence) (SS32/2022) [2022] ZAGPJHC 1030 (28 November 2022)

The court found that the accused committed extremely serious offences, including two murders, robbery with aggravating circumstances, attempted murder, theft, unlawful possession of a firearm and ammunition, and assault with intent to inflict grievous bodily harm. The accused's actions demonstrated a lack of genuine remorse and a disregard for human life. The court rejected the argument that the guilty pleas indicated remorse, finding them tactical and not sincere. The accused failed to take full responsibility for his actions and continued to deny involvement in certain offences. The aggravating circumstances, including the use of an unlicensed firearm, multiple victims, and the impact...

Citation
[2022] ZAGPJHC 1030
Parties
Respondent: The State; Applicant: Palo Mahea Likgopo
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 November 2022
Case Number
SS32/2022
Procedural Posture
Criminal Sentencing / Sentence
Outcome
The accused was sentenced to life imprisonment for murder (count 2), with additional sentences for other counts to run concurrently. He was declared unfit to possess a firearm.
Judges
Oosthuizen-Senekal
Legal Topics
Minimum Sentencing Regime, Murder, Robbery With Aggravating Circumstances, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Attempted Murder
Criminal Law Minimum Sentencing Regime Murder Robbery With Aggravating Circumstances Unlawful Possession of Firearm Unlawful Possession of Ammunition Attempted Murder

Case Brief

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Parties

The State

Respondent

Palo Mahea Likgopo

Applicant

Procedural Posture

Criminal Sentencing / Sentence

Legal Issues

  1. 1 Whether substantial and compelling circumstances exist to deviate from the prescribed minimum sentences for murder and robbery with aggravating circumstances.
  2. 2 What is the appropriate sentence for each count considering the seriousness of the offences, the accused's personal circumstances, and the interests of society.
  3. 3 Whether sentences should run concurrently due to the close interrelationship between the offences.

Ratio Decidendi

The court found that the accused committed extremely serious offences, including two murders, robbery with aggravating circumstances, attempted murder, theft, unlawful possession of a firearm and ammunition, and assault with intent to inflict grievous bodily harm. The accused's actions demonstrated a lack of genuine remorse and a disregard for human life. The court rejected the argument that the guilty pleas indicated remorse, finding them tactical and not sincere. The accused failed to take full responsibility for his actions and continued to deny involvement in certain offences. The aggravating circumstances, including the use of an unlicensed firearm, multiple victims, and the impact...

Court Disposition

The accused was sentenced to life imprisonment for murder (count 2), with additional sentences for other counts to run concurrently. He was declared unfit to possess a firearm.

Orders

  • Count 1: 15 years imprisonment for murder read with section 51(2) of the CLAA.
  • Count 2: Life imprisonment for murder read with section 51(1) of the CLAA.