Milton Zwane and Others v The State

The appellants, Milton Zwane, Steve Mncube and Dhumisane Khumalo, together with co-accused, committed an armed bank robbery in Modimolle on 28 September 2006. They were armed with firearms, used stolen vehicles as getaway cars, shot at pursuing police officers, damaged police vehicles, and hijacked two additional vehicles from innocent bystanders during their escape. They were arrested and charged with robbery with aggravating circumstances, attempted murder, and unlawful possession of firearms and ammunition. They were convicted in April 2010, and initially sentenced to very lengthy effective terms of imprisonment by the trial court.

The appeals against sentence were upheld. The original sentences were set aside and replaced. Accused 1 and 2 received an effective sentence of 27 years’ imprisonment each, and Accused 4 received an effective sentence of 25 years’ imprisonment, with specified sentences on individual counts and concurrency orders.

The case reaffirms the principles governing appellate interference in sentencing, particularly that failure to consider pre-trial incarceration and an imbalance in applying the Zinn triad constitute material misdirections. It also clarifies that the Minimum Sentence Act is properly applicable where its provisions are clearly stated in the indictment and explained to accused persons.