Maselani v The State

The appellants, together with a third accused, went to a house where the deceased was employed, ostensibly seeking work. After a cell phone went missing and the deceased threatened to call the police, the three accused decided to rob her. They subdued and tied the deceased while stealing from the premises. The deceased later died from asphyxia caused by manual strangulation. All three were acquitted of murder but convicted of robbery with aggravating circumstances. The appellants were sentenced to 15 years’ imprisonment each, the prescribed minimum sentence. They appealed against both conviction and sentence.

The appeal against conviction was dismissed. The appeal against sentence was upheld. The sentence of 15 years’ imprisonment imposed on each appellant was set aside and replaced with sentences of 10 years’ imprisonment each, backdated to 29 July 2010.

The case clarifies that in determining grievous bodily harm for purposes of robbery with aggravating circumstances, courts must consider the consequences of the assault, including death. It reinforces the application of common purpose in robbery cases and provides guidance on proportionality and misdirection in sentencing under the minimum sentence regime.