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Court found proportionality, remorse and limited role to be substantial and compelling, and imposed eight years’ imprisonment.
Criminal law – Essential infrastructure-related offences – Purpose of Criminal Matters Amendment Act 2015 – protection of public safety and services. Sentencing – Prescribed minimum sentences (s 51(3) Criminal Law Amendment Act 105 of 1997) – departure only for substantial and compelling circumstances. Sentencing principles – proportionality and parity; remorse and the accused’s role as relevant mitigating factors. Sentence imposed – custodial sentence of eight years; no alternative under s 103(1) of Act 60/2000.
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14 December 2021 |
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A suspended custodial sentence with restorative financial and community‑service conditions was imposed for stock theft, balancing proportionality and COVID‑19 considerations.
Criminal law — Sentencing for stock theft — Proportionality, parity, deterrence, denunciation, rehabilitation and restorative justice — Suspended sentence with onerous community conditions — COVID‑19 as relevant to conditions of imprisonment — Restitution/contribution as punitive element of sentence — Ancillary firearms search and seizure under s103(4) Firearms Control Act.
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9 December 2021 |