S v Rasedumo and Others (99/0017) [2000] ZAGPHC 6 (26 January 2000)

S v Rasedumo and Others (99/0017) [2000] ZAGPHC 6 (26 January 2000)

The court found that the crimes committed—multiple counts of gang rape, robbery with aggravating circumstances, and assault—were extremely serious, premeditated, and executed with cruelty. The victims were vulnerable, and the offences had a profound impact on society. The accused's lack of previous convictions, youth, and deprived backgrounds were considered, but these factors did not amount to substantial and compelling circumstances justifying deviation from the statutory minimum sentences for those over eighteen. For accused under eighteen, the court imposed lesser sentences, taking into account their age and influence by older participants. The sentences for all counts were ordered to...

Citation
[2000] ZAGPHC 6
Parties
Applicant: The State; Respondent: Tebogo Wilson Rasedumo; Respondent: Thulani Patrick Chauke; Respondent: Johannes Gudtj Mkhwayi; Respondent: Ananias Ntuli; Respondent: Jabulane Alpheus Thsabalala; Respondent: Tebogo Patric Ledwaba (also known as Phetoe)
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
26 January 2000
Case Number
99/0017
Procedural Posture
Criminal Law / Sentencing
Outcome
Accused 1, 2, and 3 sentenced to an effective twenty years' imprisonment; accused 4, 6, and 7 sentenced to life imprisonment. All other sentences to run concurrently with the sentence imposed on count 2.
Judges
Willis
Legal Topics
Rape, Robbery With Aggravating Circumstances, Gang Rape, Sentencing Principles, Juvenile Offenders, Assault With Intent to Commit Grievous Bodily Harm
Criminal Law Rape Robbery With Aggravating Circumstances Gang Rape Sentencing Principles Juvenile Offenders Assault With Intent to Commit Grievous Bodily Harm

Case Brief

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Parties

The State

Applicant

Tebogo Wilson Rasedumo

Respondent

Thulani Patrick Chauke

Respondent

Johannes Gudtj Mkhwayi

Respondent

Ananias Ntuli

Respondent

Jabulane Alpheus Thsabalala

Respondent

Tebogo Patric Ledwaba (also known as Phetoe)

Respondent

Procedural Posture

Criminal Law / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for each accused given the seriousness of the crimes committed.
  2. 2 Should the sentences for multiple counts run concurrently or consecutively.
  3. 3 Are there substantial and compelling circumstances justifying a lesser sentence than the statutory minimum for rape and robbery with aggravating circumstances.

Ratio Decidendi

The court found that the crimes committed—multiple counts of gang rape, robbery with aggravating circumstances, and assault—were extremely serious, premeditated, and executed with cruelty. The victims were vulnerable, and the offences had a profound impact on society. The accused's lack of previous convictions, youth, and deprived backgrounds were considered, but these factors did not amount to substantial and compelling circumstances justifying deviation from the statutory minimum sentences for those over eighteen. For accused under eighteen, the court imposed lesser sentences, taking into account their age and influence by older participants. The sentences for all counts were ordered to...

Court Disposition

Accused 1, 2, and 3 sentenced to an effective twenty years' imprisonment; accused 4, 6, and 7 sentenced to life imprisonment. All other sentences to run concurrently with the sentence imposed on count 2.

Orders

  • Accused 1, 2, and 3 are sentenced to an effective twenty years' imprisonment.
  • Accused 4, 6, and 7 are sentenced to life imprisonment.