IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE HIGH COURT, CAPE TOWN)

Case No: A223/2010

In the matter between:

SHAUN  WILLIAMS							Appellant
Versus

THE STATE								Respondent

JUDGMENT DELIVERED 4 JULY 2010

Allie, J

[2] He was convicted on both counts and sentenced to 15 years imprisonment on each count. The sentences were ordered to run concurrently. He appeals against the sentences only.

[5] While the complainants were not injured, there is no doubt that they were traumatised by being threatened with a firearm.

[6] The appellant and society at large have to accept that the lack of injuries are not due to the good will of the perpetrator, but in this case it can be ascribed to the co-operation of the complainants.

[7] The offence of robbery where a firearm is used but no one is injured cannot be reduced in its impact upon the victim and society at large to the offence of theft.

[9] I would set aside the sentences imposed and replace them with the following sentence.

[10]   The appellant is ordered to serve the following sentence:
10.1. On count 1,10 years direct imprisonment.
10.2. On count 2,10 years direct imprisonment.

[11] The sentence on count 2 shall run concurrently with the sentence imposed on count 1.

I agree