S v Mashele (69/86) [1987] ZASCA 68 (13 August 1987)

S v Mashele (69/86) [1987] ZASCA 68 (13 August 1987)

The Supreme Court of Appeal found that, although the individual sentences imposed for rape, robbery, theft, and unlawful possession of a firearm and ammunition were not challengeable on their own, the cumulative effect of 30½ years imprisonment was excessive in the circumstances. The offences of robbery and subsequent rape were considered to be part of a continuous sequence of events. The complainant suffered no physical injuries from the rapes, and the court took this into account. Applying established sentencing principles and section 280 of the Criminal Procedure Act, the court held that part of the sentences for rape and robbery should run concurrently to reduce the effective term of...

Citation
[1987] ZASCA 68
Parties
Appellant: Robert Mashele; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
13 August 1987
Case Number
69/86
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal upheld; sentences adjusted to reduce the cumulative effect.
Judges
Jansen, Grosskopf, Steyn
Legal Topics
Sentencing Principles, Cumulative Sentences, Concurrent Sentences, Murder, Rape, Robbery
Criminal Law Sentencing Principles Cumulative Sentences Concurrent Sentences Murder Rape Robbery

Case Brief

Summary, issues, holding and outcome

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Parties

Robert Mashele

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the cumulative effect of the sentences imposed on the appellant is excessively harsh.
  2. 2 Whether part of the sentences for rape and robbery should run concurrently to avoid undue severity.

Ratio Decidendi

The Supreme Court of Appeal found that, although the individual sentences imposed for rape, robbery, theft, and unlawful possession of a firearm and ammunition were not challengeable on their own, the cumulative effect of 30½ years imprisonment was excessive in the circumstances. The offences of robbery and subsequent rape were considered to be part of a continuous sequence of events. The complainant suffered no physical injuries from the rapes, and the court took this into account. Applying established sentencing principles and section 280 of the Criminal Procedure Act, the court held that part of the sentences for rape and robbery should run concurrently to reduce the effective term of...

Court Disposition

Appeal upheld; sentences adjusted to reduce the cumulative effect.

Orders

  • The appeal succeeds.
  • Of the 12-year sentence for rape and the 14-year sentence for robbery, 6½ years must run concurrently.