S v Makhakha (Sentence) (SS41/2012) [2013] ZAWCHC 119; 2014 (2) SACR 457 (WCC) (14 June 2013)

S v Makhakha (Sentence) (SS41/2012) [2013] ZAWCHC 119; 2014 (2) SACR 457 (WCC) (14 June 2013)

The Court found that the accused committed extremely serious and brutal crimes, including two murders, rape, robbery with aggravating circumstances, attempted rape, and attempted murder. The accused showed no remorse and denied responsibility despite overwhelming evidence. The Court considered the accused's personal circumstances, including his youth and lack of previous convictions, but determined these were not weighty enough to justify deviation from the minimum sentences prescribed by law. The interests of society, the gravity and prevalence of the offences, and the harm suffered by the victims and their families outweighed any mitigating factors. The Court held that there were no...

Citation
[2013] ZAWCHC 119
Parties
Applicant: The State; Respondent: Sandisile Makhakha
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
14 June 2013
Case Number
SS41/2012
Procedural Posture
Criminal Law / Sentencing
Outcome
The accused was sentenced to life imprisonment for murder (counts 2 and 6) and rape (count 5), 15 years for robbery with aggravating circumstances (count 3), 8 years for attempted rape (count 1), and 10 years for attempted murder (count 4). All sentences are to run concurrently with the life imprisonment sentences....
Judges
NP Boqwana
Legal Topics
Sentencing Principles, Minimum Sentences, Murder, Rape, Robbery With Aggravating Circumstances, Attempted Murder
Criminal Law Sentencing Principles Minimum Sentences Murder Rape Robbery With Aggravating Circumstances Attempted Murder

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

The State

Applicant

Sandisile Makhakha

Respondent

Procedural Posture

Criminal Law / Sentencing

Legal Issues

  1. 1 Whether there are substantial and compelling circumstances justifying deviation from prescribed minimum sentences for murder, rape, and robbery with aggravating circumstances.
  2. 2 What is the appropriate sentence for each count in light of the triadic sentencing approach: the crime, the offender, and the interests of society.
  3. 3 Whether the personal circumstances of the accused warrant a lesser sentence than the statutory minimum.

Ratio Decidendi

The Court found that the accused committed extremely serious and brutal crimes, including two murders, rape, robbery with aggravating circumstances, attempted rape, and attempted murder. The accused showed no remorse and denied responsibility despite overwhelming evidence. The Court considered the accused's personal circumstances, including his youth and lack of previous convictions, but determined these were not weighty enough to justify deviation from the minimum sentences prescribed by law. The interests of society, the gravity and prevalence of the offences, and the harm suffered by the victims and their families outweighed any mitigating factors. The Court held that there were no...

Court Disposition

The accused was sentenced to life imprisonment for murder (counts 2 and 6) and rape (count 5), 15 years for robbery with aggravating circumstances (count 3), 8 years for attempted rape (count 1), and 10 years for attempted murder (count 4). All sentences are to run concurrently with the life imprisonment sentences....

Orders

  • The accused is sentenced to 8 years imprisonment for attempted rape (count 1).
  • The accused is sentenced to life imprisonment for murder (count 2).