S v Rankoa (145/05) [2005] ZANWHC 102 (8 December 2005)

S v Rankoa (145/05) [2005] ZANWHC 102 (8 December 2005)

The reviewing court found that the sentence of two years' imprisonment imposed on accused no. 1 was severe and disproportionate, especially given that the stolen property was returned and the co-accused received a wholly suspended sentence. The magistrate conceded the severity and recommended a reduction. The court confirmed the convictions, upheld the sentence of accused no. 2, and substituted the sentence of accused no. 1 with twelve months' imprisonment, half suspended for three years on condition of no further conviction for housebreaking with intent to steal and theft during the suspension period.

Citation
[2005] ZANWHC 102
Parties
Applicant: The State; Respondent: Sammy Rankoa; Respondent: Tshepiso Amos Thebane
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
8 December 2005
Case Number
145/05
Procedural Posture
Review Application / Review of Sentence
Outcome
Convictions confirmed. Sentence of accused no. 2 confirmed. Sentence of accused no. 1 set aside and substituted with twelve months' imprisonment, half suspended for three years.
Judges
V V Tlhapi, A A Landman
Legal Topics
Sentencing Discretion, Housebreaking With Intent to Steal, Theft, Previous Convictions, Suspended Sentence
Criminal Law Sentencing Discretion Housebreaking With Intent to Steal Theft Previous Convictions Suspended Sentence

Case Brief

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Parties

The State

Applicant

Sammy Rankoa

Respondent

Tshepiso Amos Thebane

Respondent

Procedural Posture

Review Application / Review of Sentence

Legal Issues

  1. 1 Whether the sentence imposed on accused no. 1 was disproportionately severe compared to his co-accused.
  2. 2 Whether the magistrate placed undue emphasis on the previous conviction of accused no. 1.
  3. 3 Whether the sentence should be reduced and suspended in part.

Ratio Decidendi

The reviewing court found that the sentence of two years' imprisonment imposed on accused no. 1 was severe and disproportionate, especially given that the stolen property was returned and the co-accused received a wholly suspended sentence. The magistrate conceded the severity and recommended a reduction. The court confirmed the convictions, upheld the sentence of accused no. 2, and substituted the sentence of accused no. 1 with twelve months' imprisonment, half suspended for three years on condition of no further conviction for housebreaking with intent to steal and theft during the suspension period.

Court Disposition

Convictions confirmed. Sentence of accused no. 2 confirmed. Sentence of accused no. 1 set aside and substituted with twelve months' imprisonment, half suspended for three years.

Orders

  • The convictions of both accused are confirmed.
  • The sentence imposed on accused no. 2 is confirmed.