Makhanya v S (A313/2015)
Makhanya v S (A313/2015) [2019] ZAGPJHC 60 (5 March 2019)
The court found that the cumulative effect of the sentences imposed on the appellant amounted to a disproportionate punishment. While the sentences for each count were upheld, the court ordered that the sentences for counts 1 and 2 run concurrently, reducing the effective sentence from 27 years to 21 years' imprisonment. The court considered the appellant's time spent in custody prior to trial, acknowledging that not all delays were attributable to him, and held that this factor could be taken into account when assessing the cumulative effect of the sentences. The court reaffirmed that minimu…
Source excerpt
- Minimum Sentencing
- Substantial And Compelling Circumstances
- Cumulative Sentences
- Robbery With Aggravating Circumstances
- Failure To Account For Possession
- Sentencing Discretion