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Khombelayo and Another v S (A110/2015) [2015] ZAFSHC 207 (15 October 2015)
Appeal against sentence for robbery dismissed. The High Court found no misdirection and held that imprisonment, not correctional supervision, was appropriate.
S v Masemola and Another (A1150/06) [2007] ZAGPHC 185 (10 September 2007)
The court held that the prescribed minimum sentence of 15 years imprisonment for robbery with aggravating circumstances applies to first offenders unless substantial and compelling circumstances exist. The appellants' status as first offenders and their personal circumstances do not amount to substantial and compelling circumstances. The use of a firearm in a serious and widespread crime outweighs their personal factors. The absence of physical injury and the small value of the stolen items do not diminish the seriousness of the offence. The Magistrate's failure to make an order under section…
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