S v Boshoff (CA &R 390/12)
S v Boshoff (CA &R 390/12) [2013] ZAECGHC 102; 2014 (1) SACR 422 (ECG) (27 September 2013)
The trial magistrate committed a material misdirection by failing to apply the prescribed minimum sentence of 15 years' imprisonment for fraud committed by a law enforcement officer involving amounts exceeding R10,000, as required by s 51(2) of the Criminal Law Amendment Act 105 of 1997. The respondent's personal circumstances, while generally favourable, did not amount to substantial and compelling circumstances justifying a departure from the prescribed minimum sentence. The offences were serious, carefully planned, and involved a gross abuse of power and trust, with significant prejudice t…
Source excerpt
- Minimum Sentencing
- Fraud By Law Enforcement Officer
- Corruption
- Defeating Or Obstructing The Course Of Justice
- Incitement To Commit Crime
- Theft Of Firearms