S v Myute and Others; S v Baby

• Jurisdiction: South Africa
• Judge: De Wet CJ and Pickard J
• Judgment Date: 16 August 1984
• Citation: 1985 (2) SA 61 (CkS)
• Hearing Date: 16 August 1984
• Court: Ciskei Supreme Court

De Wet CJ:

The above two cases came to my notice on review. Whilst the convictions in both cases are in order, the sentences imposed are to my mind so inappropriate that I must comment upon them.

In Myute's case the four accused were charged with robbery, having assaulted one Sandi and having robbed him of a wrist I watch, a jersey, a coat and R30 in cash. He was struck on the head with a brick, felled to the ground and held down by the accused, who then proceeded to rob him. They were all armed with knives and in the course of the robbery they threatened to cut his throat.

After conviction the State proved previous convictions against accused Nos 2 and 3. Above and beyond a conviction for assault J with intent to do

De Wet CJ

A grievous bodily harm accused No 2 had been convicted twice of robbery over the last two years. A copy of No 3's SAP 69 was not attached to the proceedings.

The accused were sentenced as follows:

Accused No 1: 12 months imprisonment wholly suspended for three B years; accused No 2 and 3: 12 months imprisonment of which nine months were suspended for three years; accused No 4 (aged 16 years): seven cuts with a light cane.

Swartjong Baby, also charged with robbery, was convicted of robbing one Mthana of a bottle of brandy, a wrist watch, C cigarettes and R40 in cash. Assisted by two others the accused attacked Mthana and struck him to the ground. He was then robbed. Previous convictions proved against the accused showed that during the period 1976 to 1982 he was convicted no less than six times for housebreaking and theft and thrice for theft. He was sentenced for these offences to periods of imprisonment of up to three years. In the case under review he D was sentenced to one year's imprisonment.

Magistrates should never lose sight of the fact that robbery is a most serious crime. The offence consists of the two elements of violence and dishonesty. Normally an individual can avoid situations which lead to violence and the danger of his being E assaulted by taking the necessary precautionary measures. Similarly he can take steps to guard against his property being stolen. It is, however, a different matter when it comes to robbery. The victim cannot take precautions against robbery. In his day to day living he visits friends, goes to work and goes shopping. This is usually when robbers strike. Robbers often F roam the townships in gangs, attacking innocent people, depriving them of their...