Joshua Nemutandani v The State

The appellant, together with co-accused, was convicted in the Limpopo High Court of murder and robbery with aggravating circumstances arising from events on 21 December 2003. The group planned to rob the deceased after observing that he appeared to have money. The appellant struck the deceased with a beer bottle, took a knife from a co-accused, stabbed the deceased three times and removed his canvas shoes. The deceased later died from the stab wounds. The appellant was sentenced to 20 years’ imprisonment for murder and 18 years’ imprisonment for robbery, with the sentences not ordered to run concurrently, resulting in an effective sentence of 38 years.

The appeal against sentence was upheld to the extent that the sentence for robbery was ordered to run concurrently with the sentence for murder, resulting in an effective sentence of 20 years’ imprisonment. The sentence was antedated to 10 November 2004 in terms of s 282 of the Criminal Procedure Act 51 of 1977.

The case reaffirms established principles governing appellate interference in sentencing and underscores that where offences are inextricably linked, concurrency of sentences is generally required. It also highlights the duty of trial courts to consider the cumulative effect of sentences and to provide reasons when declining to order concurrency.