- November 14, 2022
- |Concise Law Reports (CLR), Criminal Law And Procedure
CRIMINAL PROCEDURE – SENTENCE – PRINCIPLES OF SENTENCING APPLIED
Unreported judgment
The accused persons, together with a former co-accused who absconded before the trial, planned a robbery on an elderly couple to steal cash from a safe of theirs. After failing to convince the housekeeper to provide them with an alarm control of the house, they gained access to the house by pouncing the elderly female victim when she unlocked the back door and forced her inside. Though their initial intent was to tie up their victims which would have rendered them inactive, this changed when she screamed for help which prompted her assailants to strangle her with a rope/strapping, resulting in death. The elderly male victim was tied up and sustained superficial injuries to his arms. LIEBENBERG J considered the matter thus:
‘[25] In deciding what sentences, in the circumstances of the case, would be just and fair, not only to the accused persons but also to society, a balance must be struck between the interest of the accused and that of society, whilst at the same time the court must decide which of the sentencing objectives it wishes to achieve when sentencing.’
Held that:
- The commission of the crimes was premeditated and executed with a foresight of their victims being present who had to be neutralized by the application of force. This was considered an aggravating factor.
- Held further that, factors such as the vulnerability of the victims and the brutality of the attack on one of the victims are regarded as aggravating. The seriousness of crimes such as murder and robbery justify lengthy custodial sentences.
- A balance must be struck between the totality of individual sentences imposed and the blameworthiness of the accused.
- Held further that, the court has the discretion to ameliorate the cumulative effect of sentences imposed.
As a result, the accused persons were sentenced accordingly.
S v Jerobeam NAHCMD 14 November 2022