The appellants, all formerly or currently police officers, were convicted in the Regional Court, Beaufort West, of housebreaking with intent to steal and theft involving dagga stolen from police exhibits and a police vehicle at the Beaufort West police station. The offences were committed in 1999 and 2000. They were convicted on 5 November 2002 and sentenced on 6 March 2003 to effective terms of imprisonment ranging from eight to twelve years. Although initially refused bail pending appeal, they were later released on bail and remained largely at liberty. There was an unexplained delay of approximately eight years before their appeal against conviction and sentence was heard by the Western Cape High Court, which ultimately reduced the sentences of the first and second appellants to eight years and dismissed the remaining appeals. The appellants then appealed to the Supreme Court of Appeal against sentence only, contending that the lengthy delay itself constituted an exceptional circumstance justifying a further reduction of sentence.
The appeal against sentence was dismissed. The sentences as imposed or confirmed by the Western Cape High Court remained in force.
The case affirms that delay in the hearing of a criminal appeal does not, without more, justify interference with sentence, especially where appellants were on bail and contributed to the delay. It clarifies the limited circumstances in which post-sentencing factors may be considered on appeal and underscores the responsibility of appellants and their legal representatives to prosecute appeals diligently. The judgment also reinforces a strict approach to sentencing corruption-related offences committed by police officers.