S v Makhobuki (287/07) [2008] ZAGPHC 260 (13 August 2008)

S v Makhobuki (287/07) [2008] ZAGPHC 260 (13 August 2008)

The court found that the accused committed a series of extremely violent and depraved offences, including multiple rapes, attempted murders, robberies with aggravating circumstances, indecent assault, and escaping from lawful custody. The accused showed scant regard for the dignity and wellbeing of his victims, inflicting severe physical and psychological harm. Although he was a first offender and expressed remorse, the court was not convinced that his remorse was genuine, given the gravity and brutality of his conduct. The interests of society, the seriousness of the offences, and the need for deterrence outweighed the mitigating factors. The court held that there were no substantial and...

Citation
[2008] ZAGPHC 260
Parties
Applicant: The State; Accused: Moses Makhobuki
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
13 August 2008
Case Number
287/07
Procedural Posture
Criminal Trial / Sentencing
Outcome
The accused was sentenced to three life terms of imprisonment and an additional 15 years, with certain sentences to run concurrently as specified.
Judges
Jajbhay
Legal Topics
Rape, Sentencing Principles, Minimum Sentences Act, Robbery With Aggravating Circumstances, Attempted Murder, Indecent Assault
Criminal Law Rape Sentencing Principles Minimum Sentences Act Robbery With Aggravating Circumstances Attempted Murder Indecent Assault

Case Brief

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Parties

The State

Applicant

Moses Makhobuki

Accused

Procedural Posture

Criminal Trial / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for multiple counts of rape, attempted rape, attempted murder, robbery with aggravating circumstances, indecent assault, and escaping from lawful custody committed by the accused.
  2. 2 Whether substantial and compelling circumstances exist to deviate from the prescribed minimum sentences under the Criminal Law Amendment Act 105 of 1997.
  3. 3 How the interests of society, the seriousness of the offences, and the personal circumstances of the accused should be balanced in sentencing.

Ratio Decidendi

The court found that the accused committed a series of extremely violent and depraved offences, including multiple rapes, attempted murders, robberies with aggravating circumstances, indecent assault, and escaping from lawful custody. The accused showed scant regard for the dignity and wellbeing of his victims, inflicting severe physical and psychological harm. Although he was a first offender and expressed remorse, the court was not convinced that his remorse was genuine, given the gravity and brutality of his conduct. The interests of society, the seriousness of the offences, and the need for deterrence outweighed the mitigating factors. The court held that there were no substantial and...

Court Disposition

The accused was sentenced to three life terms of imprisonment and an additional 15 years, with certain sentences to run concurrently as specified.

Orders

  • Count 1: Attempted murder – 10 years’ imprisonment.
  • Count 2: Rape read with section 51(2)(b) of Act 105 of 1997 – life imprisonment.