Country
Territorial subdivision
Court
Type of court
Seat of court
Pretoria
Court jurisdiction
Date of opinion
2016
Abstract
The appellants were convicted own their pleas of conspiring to commit an offence of illegal hunting of a rhinoceros, and unlawful possession of a firearm and ammunition in the magistrate court. They were sentenced to 5 years imprisonment each for count 1 and 4 years imprisonment each for count 3. The appellants’ sentences for count 2 were different – 5 years imprisonment for appellant 1; 3 years for appellant 2 and 4 years for appellant 3. Sentences for counts 2 and 3 were to run concurrently. The appellants appealed against the sentence in the High Court but their appeal was dismissed and the decision of the magistrate confirmed.
Language of document
English
Reference number
[2016] ZAGPPHC 936
Species
Transnational
No
Decision
The Riotous Assemblies Act states that the conspirater is liable to the same punishment as the person convicted of committing the crime. That the appellants did not execute the plan is not mitigating because without the interfence of the police, the appellant would executed their conspiracy, and it is in the interest of justic to arrest would-be perpetrators befoe they commit a serious crime. The fact that the crime was carefully planned is an aggravating factor and it was not an impulsive act. The magistrate did not overemphasie the interest of society in the matter taking into account the seriousness of the crime, the unlawful possession of a firearm by appellants intended for committing the crime, and that the appellants pleaded guilty to the offences. The High Court dimissed the appellants’ appeal against the sentence. Thus, the sentenced of the magistrate court was confirmed.
Appealed
No
Penalty
Imprisonment: Count 1: 5 years imprisonment each; Count 2: 1st Appellant – 5 years imprisonment; 2nd Appellant – 3 years imprisonment; and 3rd Appellant – 4 years imprisonment; Count 3: 4 years imprisonment each; Sentences for Count 2 and 3 to run concurrently
Court cases cited
S v Kekane 2013 (1) SACR 101 (SCA)
S v Matyityi 2011(1) SACR 40(SCA)
Mokonoto v Reynolds 2009 (1) SACR 311 T
S v Sellem 1992(2) SACR 19 (A)
S v Pieters 1987 (3) SA 717 {A)
Legislation cited
National Environmental Management: Biodiversity Act, No. 10 of 2004
National Environmental Management: Protected Areas Act, No. 57 of 2003
Fire Arms Control Act, No 60 of 2000