IN THE HIGH COURT OF SOUTH AFRICA
(CAPE OF GOOD HOPE PROVINCIAL DIVISION)

In the matter between: 

and
THE STATE		Respondent

JUDGMENT

[4] In this matter, after conviction, the appellant's attorney asked for a postponement. He said he had to take instructions as to the "minimum judgments" - clearly he meant minimum sentences. Obviously he was aware of the applicability of the Act and must have informed the appellant accordingly. In my view, the appellant had a fair trial.

[5] In his judgment on sentence the magistrate found that the murder of the deceased was planned, in my view, he erred in doing so. The evidence accepted by the magistrate was the following. The deceased and the appellant had an intimate relationship and that evening the deceased telephoned appellant and asked him on the way home to visit her where she was living. He came there several hours later. The deceased and the appellant then left together. The deceased told a witness she was going to appellant's home. Suddenly, for no apparent reason, the appellant repeatedly stabbed the deceased. When arrested a few hours later he was asleep with a knife under him.

In my view, on that evidence aEone it cannot be said that the killing of the deceased was planned. The finding by the magistrate that the murder of the deceased was planned constitutes a misdirection and, in my view, we are accordingly at large in considering an appropriate sentence.

[7] it is unfortunate that appellant did not disclose the true reason for his attack on the deceased. It is, however, clear from the evidence that he attacked the deceased in full view of the witness while the deceased was accompanying him wiMingly to his home, that he must have been in a rage. However, the seriousness of the offence and the interests of the community must be given due weight. Appellant repeatedly stabbed a defenceless woman with whom he had a long relationship. Violent attacks on women have reached epidemic proportions. A substantial period of imprisonment is the only appropriate sentence in this matter.

[8]    I would:
a)	Uphold the appeal against sentence.
b)	Set aside the sentence of 15 years' imprisonment and substitute the following therefor:
"The accused is sentenced to 13 years' imprisonment".

BOZALEK, J: I agree

BOZALEK, J

MOTALA, J: It is so ordered