The State v Stephen Romer

The respondent, Stephen Romer, was convicted in the Eastern Cape High Court on one count of murder and two counts of attempted murder arising from a shooting spree in Port Elizabeth on 17 October 2007. He shot three strangers at different locations while driving his motor vehicle, killing one person and seriously injuring two others. Evidence showed that Romer suffered from severe depression linked to the breakdown of his marriage and had been prescribed antidepressant and other medication. Expert evidence was led on whether he acted in a state of sane automatism. The trial court rejected automatism but found that Romer acted with diminished responsibility. He was sentenced to ten years’ imprisonment wholly suspended for five years, together with three years’ correctional supervision. The State appealed against the sentence as being disturbingly lenient, and Romer applied to adduce further evidence on appeal.

Both the application by the respondent to lead further evidence on appeal and the State’s appeal against sentence were dismissed.

The case is significant for its reaffirmation of appellate restraint in sentencing matters and its treatment of diminished responsibility as a substantial mitigating factor in serious violent crimes, including murder. It also clarifies the strict requirements for admitting further evidence on appeal and endorses correctional supervision as a legitimate sentencing option even in serious cases where imprisonment is not necessary to protect society.