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[2010] ZAWCHC 181
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S v Louw and Another (SS66/08) [2010] ZAWCHC 181 (3 June 2010)
IN THE HIGH COURT OF
SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE TOWN)
CASE
NO
: SS66/08
DATE
:
3
JUNE 2010
In the matter between:
ASHLEY
LOUW
Accused
1
SHAFIEK
CASSIEM Accused 2
and
THE
STATE
Respondent
JUDGMENT
(Application for Leave to
Appeal)
NGEWU.
AJ
Yes, in fact, there is no
law that says that the cases - or the criminal cases, former criminal
cases are binding on the following
ones, for the simple reason that
cases are not similar. The circumstances under which offences are
created, can never be similar.
The outcome of the offences are never
similar. Therefore, we do not have a prescribed sentence for specific
offences. Correct?
Well, I do appreciate the fact that you are
referring to other cases in this division, but
we
do not know what circumstances were, or what prompted the Presiding
Officer to arrive at that sentence. And I think let us end
it there.
Let us just end it there.
Well, I do appreciate
that this is an application for leave to appeal against the sentence
of 16 years effective imprisonment.
The circumstances of the case,
I found them very gruesome and heinous.
I weighed the facts of
the case, and arrived at the sentence as I did. I believe I was
lenient, in the circumstances, and the sentence
imposed, is the
minimum, not the maximum. I didn't apply the maximum jurisdiction of
the Court, but the ten-year period, I believe,
was appropriate in the
circumstances. Of course, counts 5 and 7 were ordered to run
concurrently, which reduced the sentence, effectively,
by six years.
I do not believe any
other Court would come to a different conclusion, given the
circumstances of this particular case.
THE APPLICATION FOR
LEAVE TO APPEAL, IS THEREFORE
REFUSED.
NGEWU.
AJ