Donald Khobane v The State

The appellant, Donald Khobane, was employed by Nedbank as an ATM consultant responsible for replenishing cash in ATMs. In July 2009 he failed to report for work, leading colleagues to discover a cash shortfall exceeding R3 million in ATMs under his control. He absconded and was arrested in August 2009. He confessed to the theft but later disavowed the confession, alleging he acted under the influence of a spiritual healer. After a trial-within-a-trial, the confession was admitted. He was convicted of theft in the regional court and sentenced to 15 years’ imprisonment under the minimum sentence regime in s 51(2) of the Criminal Law Amendment Act 105 of 1997. His appeals against conviction and sentence failed at various levels. Ultimately, special leave was granted by the Supreme Court of Appeal to appeal against sentence only.

The appeal was struck from the roll.

The case reaffirms that the omission of a reference to the minimum sentence legislation in a charge sheet does not automatically render a trial unfair. It underscores that the enquiry is fact-specific and focused on whether the accused suffered actual prejudice. The judgment also clarifies the stringent threshold for special leave to appeal to the Supreme Court of Appeal in criminal sentencing matters.