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At 7:00pm one evening in 2002, three women were meeting at the residence of one of them in order to travel to church together. Two of the women were already in the car, ready to leave, when the third woman arrived in her own vehicle. She got out of her vehicle and as she began walking towards the car
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As to whether there had been a duplication of convictions in respect of the three counts of robbery, Majiedt JA held for the majority (Van
Heerden JA and Snyders JA concurring, and Farlam JA and Cachalia JA dissenting) that there had been a separate intent by the three robbers to rob each of the
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at her. They demanded that the women hand over their possessions, and also the keys to both cars. The men then took both vehicles and drove away. The appellant was found in possession of a firearm and ammunition three days later, but the firearm could not be definitely linked to the robbery.
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A further appeal against the sentence to the SCA, was made on the grounds that there had been a duplication of convictions, as the three robbery charges arose from actions committed with a single intent in a continuous transaction.
252:. The three counts of robbery and the firearm offences were committed in 2002. The theft of the car was an older charge from 1999. He was sentenced to serve a total of 45 years' imprisonment.
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On appeal to the high court, the conviction for the theft of the car in 1999 was set aside and the sentence reduced to 43 years' imprisonment.
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by the robbers to rob each woman. There had, therefore, been no inappropriate duplication of convictions.
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The appellant was convicted in a regional court of three counts of robbery,
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in the driveway, three men in overalls moved towards it and pointed a
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court case. The central question was of duplication of convictions.
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The convictions were upheld, but the sentences were ordered to run
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Farlam JA, Van
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2001 (1) SACR 469 (SCA) (2001 (2) SA 1222; 3 All SA 220).
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246:possession of an unlicensed firearm and ammunition
290:National Director of Public Prosecutions v King
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106:Learn how and when to remove this message
354:2008 (1) SACR 431 (SCA) ( 2 All SA 257).
348:2009 (1) SACR 552 (SCA) ( 4 All SA 396).
322:2001 (2) SACR 118 (SCA) ( 4 All SA 365).
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55:"S v Dlamini" 2012
381:2012 (2) SACR 1 (SCA).
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205:S v Dlamini
194:Decision by
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449:Categories
425:2021-11-28
369:References
339:S v Moloto
332:S v Maneli
326:S v Malgas
320:S v Fourie
231:Background
197:Majiedt JA
153:2012-03-27
66:newspapers
399:ZASCA 26.
292:2010 (2)
438:Para 51.
420:De Rebus
359:Statutes
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