South Africa: Western Cape High Court, Cape Town

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Clark v S (A384/2010) [2011] ZAWCHC 509 (12 August 2011)

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JUDGMENT

DOLAMO, AJ:

The appellant in the matter was convicted in the Wynberg Regional Court on one count of robbery with aggravating circumstances. He was sentenced to 10 years direct imprisonment. The appellant is now before this court on appeal as to the sentence that was imposed on him.

The facts of the case are very simple. The complainant was walking down the street when she was confronted by the appellant, who produced a weapon and then robbed her of her cell phone. The appellant pleaded guilty, but the plea was not direct, it came via admissions, which amounted to an admission on robbery simple. The state did not accept this plea and proceeded to call the complainant, who clearly indicated that the appellant was armed with a firearm.

On the other hand, appellant was a poor witness, who could not in any way describe how he had taken the cell phone from the appellant, who could not give, though he is not expected to, any explanation as to why the complainant will saw he saw a firearm.

In the circumstances, there are no reasons to interfere, firstly with the conviction, although the appeal is not on the conviction, and secondly, with the sentence where it is obviously that there was no misdirection by the court a quo. In the circumstances the order I propose is that the appeal is dismissed.

DOLAMO AJ

VELDHUIZEN, J. I agree. It is so ordered. Convictions and sentence is confirmed

VELDHUIZEN, J