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

CASE NUMBER: A89/2011
DATE:16 September 2011
In the matter between: 

VUMANI QULU								Appellant

and

THE STATE									Respondent

JUDGMENT

ERASMUS. J:

The appellant appeared in the Regional Court at Cape Town on three charges. Het was firstly charged with theft of a motor vehicle and two counts of assault with the intent to do grievous bodily harm.

The facts are quite simple in that the complainant parked his motor vehicle at night; at the early hours of the morning his car was seen to be moved down the road. The accused was apprehended. Not only did he steal a car of the complainant, but when he was approached he decided to stab both the complainant and his son. He now only appeals against an effective nine years sentence that was imposed by the Regional Magistrate.

The appellant raised the fact that the car was recovered as a mitigating factor, and the cumulative effect of the sentence being of such a nature that it makes it inappropriate. It's instructive to note is that the appellant was sentenced to seven years imprisonment for theft of a motor vehicle in 2003, and that was not his first time either. He should effectively still have been in prison at the time that he committed these offences. If it was not for the complainants on the assault charges that took evasive action, they would have been injured far more seriously.

I have had regard to the reasons the Magistrate set out for the sentences imposed. In my view there is no merit in the submissions that the sentences were either shockfully inappropriate and/or that the Magistrate misdirected himself on any of the aspects and consequently I would dismiss the appeal.

ERASMUS, J

CLOETE, AJ; So ordered, the appeal is dismissed, the sentences are confirmed.

CLOETE, AJ