Shangase v S (AR207/2015) [2016] ZAKZPHC 16 (19 February 2016)

Shangase v S (AR207/2015) [2016] ZAKZPHC 16 (19 February 2016)

The appeal court found that the aggregate sentence of 46 years imprisonment imposed by the trial court was unduly severe and could not be justified. The sentences on counts 5, 6, and 9 were disproportionate to the amounts stolen and lacked reasonable explanation for the disparity. The court held that the sentences on these counts should be reduced to five years each and ordered to run concurrently with the sentences on counts 1, 2, 7, and 8, resulting in an effective sentence of 20 years imprisonment. The court also found that the trial court had properly considered the period spent in custody awaiting trial. The appeal against sentence was upheld to the extent that the sentences were...

Citation
[2016] ZAKZPHC 16
Parties
Appellant: Mpumelelo Irvin Shangase; Respondent: The State
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
19 February 2016
Case Number
AR207/2015
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal against sentence upheld; sentences on counts 5, 6, and 9 reduced and ordered to run concurrently with other sentences. Effective sentence is 20 years imprisonment.
Judges
Gorven, Seegobin
Legal Topics
Sentencing Principles, Aggregate Sentence, Concurrent Sentences, Disparity in Sentences, Mercy in Sentencing
Criminal Law Sentencing Principles Aggregate Sentence Concurrent Sentences Disparity in Sentences Mercy in Sentencing

Case Brief

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Parties

Mpumelelo Irvin Shangase

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the aggregate sentence of 46 years imprisonment imposed by the trial court was unduly severe and induces a sense of shock.
  2. 2 Whether the individual sentences on counts 5, 6 and 9 were disproportionate to the amounts stolen and shockingly inappropriate.
  3. 3 Whether the sentences should run concurrently to ameliorate the cumulative effect.

Ratio Decidendi

The appeal court found that the aggregate sentence of 46 years imprisonment imposed by the trial court was unduly severe and could not be justified. The sentences on counts 5, 6, and 9 were disproportionate to the amounts stolen and lacked reasonable explanation for the disparity. The court held that the sentences on these counts should be reduced to five years each and ordered to run concurrently with the sentences on counts 1, 2, 7, and 8, resulting in an effective sentence of 20 years imprisonment. The court also found that the trial court had properly considered the period spent in custody awaiting trial. The appeal against sentence was upheld to the extent that the sentences were...

Court Disposition

Appeal against sentence upheld; sentences on counts 5, 6, and 9 reduced and ordered to run concurrently with other sentences. Effective sentence is 20 years imprisonment.

Orders

  • The sentences imposed on counts 5, 6, and 9 are set aside and replaced with five years imprisonment on each count.
  • The aggregate sentence of 15 years imposed on counts 5, 6, and 9 will run concurrently with the aggregate sentence of 20 years imposed on counts 1, 2, 7, and 8.