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[2025] ZAGPJHC 1097
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Khoza v S (A097/2025) [2025] ZAGPJHC 1097 (27 October 2025)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
LOCAL DIVISION, JOHANNESBURG
Appeal
Number: A
09
7/2025
(1)
REPORTABLE: NO
(2)
OF INTEREST TO OTHER JUDGES: NO
(3)
REVISED: NO
OCTOBER
2025
In
the matter between:
KHOZA,
SIMPHIWE
LAWRENCE
APPELLANT
And
THE
STATE
RESPONDENT
JUDGMENT
Karam
AJ:
INTRODUCTION
1.
The appellant was convicted on 24 May 2018, in the Orlando Regional
Court, of robbery with aggravating circumstances.
2.
On the same day he was sentenced to 10 years imprisonment.
3.
Leave to appeal was refused in respect of conviction but was granted
in respect of the sentence imposed.
ISSUES
ON APPEAL
4.
The issues to be determined are whether the trial court erred in
imposing the
sentence
it did, and whether the sentence imposed is startlingly inappropriate
in
the circumstances.
LAW
AND ANALYSIS
5.
It is trite that punishment is pre-eminently a matter for the
discretion of the trial court.A court of appeal can only
interfere
with the sentence imposed where that discretion
has
not been judicially, properly or reasonably exercised, resulting in
an
irregularity or
misdirection, or where the sentence imposed is shockingly
inappropriate in that it is
substantially different from that sentence which the
appeal court would have imposed.
AD
SENTENCE
6.
The appellant was charged in terms of the Criminal Law Amendment Act
105 of
1997 (“the
minimum sentence legislation”), in terms whereof he faced a
minimum sentence of 15 years imprisonment as
a first offender of such
offence.
7.
The trial court, correctly in my view, found that there was nothing
substantial and
compelling
in the personal circumstances of the appellant.
8.
On the contrary, there were multiple aggravating factors, inter alia:
8.1
the fact that appellant was together with an armed co-perpetrator in
the
commission of the
hijacking;
8.2
the fact that the appellant physically attacked the complainant;
8.3
the fact that the complainant was struck with the firearm wielded by
the co-perpetrator and suffered an injury to his
finger;
8.4
the lack of any remorse;
8.5
the loss to the complainant of his two cellular telephones and cash
in excess of R14 000,00. The recovery of the
vehicle is of no
credit to the appellant.
8.6
the fact that he has relevant previous convictions:
8.6.1
a motor vehicle theft for which he was sentenced to 7 years direct
imprisonment;
8.6.2
the fact that within the year after his release on parole in 2013 in
respect of
the above
offence, he proceeded to commit similar offences, for which
he was subsequently sentenced to 15
years imprisonment. The
appellant
informed the court a quo that this was for robbery, theft and
possession of stolen property.
This
Court requested, as the court a quo ought to have, that this be
investigated in order to attempt to
ascertain whether that previous
conviction
was for robbery with aggravating circumstances, in which
event, the appellant would have faced
a minimum sentence of 20 years
imprisonment.
Counsel were, however, unable to assist this Court in
that
regard.
it
did, adequately considered the fact that the appellant was serving a
sentence of15 years imprisonment.
9.
The main thrust of this appeal was whether the court a quo, in
imposing the sentence
10.
It is clear that the court a quo properly considered this factor and
for this very reason,
deviated
from imposing the minimum sentence of 15 years imprisonment and
imposed the sentence it did.
11.
Having regard to all of the aforesaid, I am of the view that, the
sentence imposed is a proper sentence in the circumstances
of this
matter and that there is no merit in this appeal.
12.
Accordingly, I propose the following Order:
12.1
The appeal against sentence is dismissed.
W
A KARAM
ACTING JUDGE OF THE
HIGH COURT
I
AGREE AND IT IS SO ORDERED
MAHOMED
JUDGE
OF THE HIGH COURT
Appearances:
APPELLANT:
Mr Musekwa
Legal
Aid SA
Johannesburg
Office
RESPONDENT:
Adv Mpekana
Director
of Public Prosecutions
Gauteng Local Division