S v Gcuwa and Others (CC15/2019) [2022] ZAECQBHC 28 (7 September 2022)
Court
Eastern Cape High Court, Gqeberha
Case number
CC15/2019
Judge
Gqamana
The court considered the seriousness of the offences, the prescribed minimum sentences, and the personal circumstances of each accused. For accused 1 and 2, despite their dominant roles and the gravity of the offences, factors such as their ages, status as first offenders (except accused 2), four years of pretrial detention, and prospects of rehabilitation constituted substantial and compelling circumstances justifying deviation from the minimum sentences. Accused 3's role was limited to providing information, with no physical involvement or benefit from the robbery, and she accepted responsi…