S v Nteta and Others (CC66/15) [2016] ZAWCHC 89; 2016 (2) SACR 641 (WCC) (22 July 2016)

S v Nteta and Others (CC66/15) [2016] ZAWCHC 89; 2016 (2) SACR 641 (WCC) (22 July 2016)

The court held that the Child Justice Act does not apply to Accused 4 because, although he was under 18 at the time of the offence, he was 18 at the time of arrest, as required by section 4(1)(b)(iii) of the Act. The prescribed minimum sentences for rape and murder, as set out in the Criminal Law Amendment Act, apply to Accused 2 and Accused 3, as there were no substantial and compelling circumstances to justify deviation. The accused did not demonstrate genuine remorse, and their personal circumstances did not outweigh the gravity of the offences or the interests of society. Accused 4, being under 18 at the time of the offence, was sentenced outside the minimum sentencing regime, but his...

Citation
[2016] ZAWCHC 89
Parties
Applicant: The State; Respondent: Mkhululi Nteta; Respondent: Monde Tanani; Respondent: Patrick Ndzongana; Respondent: Apiwe Diliza
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
22 July 2016
Case Number
CC66/15
Procedural Posture
Criminal Law / Sentencing
Outcome
Accused 2 and Accused 3 sentenced to life imprisonment for rape and murder, sentences to be served concurrently. Accused 4 sentenced to 10 years imprisonment for rape and 12 years for murder, with 7 years of the rape sentence served concurrently with the murder sentence, resulting in an effective 15 years...
Judges
Henney
Legal Topics
Sentencing Principles, Child Justice Act, Minimum Sentences, Common Purpose, Rape, Murder
Criminal Law Sentencing Principles Child Justice Act Minimum Sentences Common Purpose Rape Murder

Case Brief

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Parties

The State

Applicant

Mkhululi Nteta

Respondent

Monde Tanani

Respondent

Patrick Ndzongana

Respondent

Apiwe Diliza

Respondent

Procedural Posture

Criminal Law / Sentencing

Legal Issues

  1. 1 Whether the Child Justice Act applies to Accused 4, who was under 18 at the time of the offence but 18 at arrest.
  2. 2 Whether there are substantial and compelling circumstances to deviate from the prescribed minimum sentences for rape and murder.
  3. 3 Whether the accused have shown genuine remorse warranting mitigation of sentence.

Ratio Decidendi

The court held that the Child Justice Act does not apply to Accused 4 because, although he was under 18 at the time of the offence, he was 18 at the time of arrest, as required by section 4(1)(b)(iii) of the Act. The prescribed minimum sentences for rape and murder, as set out in the Criminal Law Amendment Act, apply to Accused 2 and Accused 3, as there were no substantial and compelling circumstances to justify deviation. The accused did not demonstrate genuine remorse, and their personal circumstances did not outweigh the gravity of the offences or the interests of society. Accused 4, being under 18 at the time of the offence, was sentenced outside the minimum sentencing regime, but his...

Court Disposition

Accused 2 and Accused 3 sentenced to life imprisonment for rape and murder, sentences to be served concurrently. Accused 4 sentenced to 10 years imprisonment for rape and 12 years for murder, with 7 years of the rape sentence served concurrently with the murder sentence, resulting in an effective 15 years...

Orders

  • Accused 2: Life imprisonment for rape (Count 1).
  • Accused 2: Life imprisonment for murder (Count 2), to be served concurrently.