The judgment concerns sentence in S v Mbatha, where the High Court dealt with prescribed minimum sentences for two murder counts and two attempted murder counts, together with firearm and kidnapping counts. The court restated the approach to substantial and compelling circumstances and then imposed life sentences on counts 1 to 4, with shorter concurrent sentences on the remaining counts.
This appears to concern sentencing principles, prescribed minimum sentences, and the treatment of substantial and compelling circumstances.
Evidence from source
Summary: Sentence - prescribed minimum sentence – principles restated – just sentence includes appropriate measure of mercy – considerations for substantial and compelling circumstances.
Supports: The judgment concerns sentence and sentencing principles.
Mr Mbatha is sentenced as follows: 1. Counts 1, 2, 3 and 4: life for each count; 2. Counts 5 and 6: three years for each count; 3. Counts 7 and 8: five years for each count, all sentences to run concurrently.
Supports: The court imposed life sentences on counts 1 to 4 and shorter concurrent sentences on the remaining counts.
In terms of s 51(3) of the Act, a court may impose a lesser sentence if it is satisfied that substantial and compelling circumstances exist which justify the lower sentence.
Supports: The judgment restates the approach to substantial and compelling circumstances.