Tibane v S (A102/2014) [2015] ZAGPJHC 308 (11 December 2015)

Tibane v S (A102/2014) [2015] ZAGPJHC 308 (11 December 2015)

The court found that the trial court misdirected itself in sentencing the appellant for counts 5 and 6 by overemphasizing the seriousness of the offences and failing to properly consider the evidence, particularly that the conviction for count 5 related to a single transaction and there was no evidence the death certificate in count 6 was used. The cumulative effect of the sentences imposed was disproportionate to the crimes committed. The court held that an appropriate sentence for counts 5 and 6 would be three years' imprisonment each, to run concurrently with the sentences for counts 1 and 2. The sentences for counts 1 and 2 were confirmed. The effective sentence was reduced to 13...

Citation
[2015] ZAGPJHC 308
Parties
Appellant: Markus Tibane; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 December 2015
Case Number
A102/2014
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal upheld in part; sentences for counts 5 and 6 reduced; sentences for counts 1 and 2 confirmed; sentences for counts 5 and 6 to run concurrently with counts 1 and 2; effective sentence reduced to 13 years, antedated to 28 February 2012.
Judges
G. T. Avvakoumides, P. R. Hundermark
Legal Topics
Sentencing Principles, Possession of Suspected Stolen Property, Fraud, Cumulative Sentencing, Misdirection in Sentencing
Criminal Law Sentencing Principles Possession of Suspected Stolen Property Fraud Cumulative Sentencing Misdirection in Sentencing

Case Brief

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Parties

Markus Tibane

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the trial court misdirected itself in imposing sentences for counts 5 and 6.
  2. 2 Whether the cumulative effect of the sentences imposed is disproportionate to the crimes committed.
  3. 3 Whether the sentences for counts 1 and 2 should be interfered with on appeal.

Ratio Decidendi

The court found that the trial court misdirected itself in sentencing the appellant for counts 5 and 6 by overemphasizing the seriousness of the offences and failing to properly consider the evidence, particularly that the conviction for count 5 related to a single transaction and there was no evidence the death certificate in count 6 was used. The cumulative effect of the sentences imposed was disproportionate to the crimes committed. The court held that an appropriate sentence for counts 5 and 6 would be three years' imprisonment each, to run concurrently with the sentences for counts 1 and 2. The sentences for counts 1 and 2 were confirmed. The effective sentence was reduced to 13...

Court Disposition

Appeal upheld in part; sentences for counts 5 and 6 reduced; sentences for counts 1 and 2 confirmed; sentences for counts 5 and 6 to run concurrently with counts 1 and 2; effective sentence reduced to 13 years, antedated to 28 February 2012.

Orders

  • The appeal is upheld.
  • The sentences for counts 1 and 2 are confirmed as 6 and 7 years respectively.