The court considered an appeal against the sentenced imposed on the appellants on the basis that they are shockingly inappropriate and out of kilter with other cases and that the court below didn’t take into account their personal circumstances. The court considered the penalties imposed in terms of section 3 of POCA for offences committed in terms of section 2(1). These sentences are a fine not exceeding R1 000 million or imprisonment for a period of up to imprisonment for life. The appellants contended that 18 years was in appropriate and a lesser sentence of 15 years ought to be imposed. The court found that racketeering activities or organised crime is viewed in a very serious light and the sentences imposed are adequate. Further, the court found that sufficient consideration was paid to the appellant’s personal circumstances.
Country
Territorial subdivision
Court
Type of court
Seat of court
Grahamstown
Court jurisdiction
Date of opinion
2015
Abstract
Language of document
English
Reference number
CA10/2015 [2015] ZAECGHC
Charges
Conducting or participating in the conduct of an enterprise through a pattern of racketeering activities in accordance with section 2 (1)(e) of the Prevention of Organised Crime Act, managing an enterprise conducted through a pattern of racketeering activities in contravention of section 2(1)(f), the unlawful engagement in fishing, collecting, keeping, transporting, controlling of and or being in possession of abalone without a permit in contravention of Regulation 36(1)(b) of the Regulations.
Transnational
No
Decision
The interests of justice and the severity of the crime warranted the sentences imposed based on the provisions of the legislation. The court found that given the seriousness of the offences, the sentences imposed fit the crimes, the offenders and take the interests of society into account. Appeal dismissed.
Appealed
Yes
Penalty
Imprisonment: 18 years and 8 years