S v Gagu and Another 2006 (1) SACR 547 (SCA)

Findings: Appellants, who were recorded to be 18 and 19 at the time of the trial, convicted upon pleading guilty and were each sentenced to 15 years imprisonment. Court stated that the trial court misdirected itself by sentencing the two youthful appellants, essentially without an enquiry into the facts at all. In reality, the Appellants, who were recorded to be 18 and 19 at the time of the trial, convicted upon pleading guilty and were each sentenced to 15 years imprisonment. Court stated that the trial court misdirected itself by sentencing the two youthful appellants, essentially without an enquiry into the facts at all. In reality, the learned magistrate imposed sentence on the basis of little more than the allegations in the charge sheet. There were also not facts before the court consideration could have been made on seriousness of the offence, personal circumstances, and the interest of the community. Where lengthy prison sentences are considered for youthful offender, the need for that consideration is even more important. In the circumstances, Court stated that magistrate should at least expect a medical report pertaining to the complainant and a probation officer report regarding the circumstances of the appellants. Accordingly sentence set aside and referred for re-sentencing after proper investigation.