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Nase v S (CA&R102/2011) [2015] ZAECGHC 119

6th November 2015


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Siyabulela Nase, the appellant herein, was charged in the regional court, East London on one count of the unlawful possession of a firearm in contravention of some of the provisions of the Firearms Control Act, 2000 (Act No. 60 of 2000), one count each of unlawfully pointing a firearm at Sharon Gregory and Babalwa Tyokolo respectively in contravention of some of the provisions of the Firearms Control Act and one count of robbery with aggravating circumstances, as intended in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) as read with sections 51 (1) and (2) and 52A and 52B of the Criminal Law Amendment Act, 1977 (Act No. 105 of 1977). 

Despite his plea of not guilty, the appellant was convicted as charged. He was sentenced to 10 years’ imprisonment for unlawfully possessing a 9mm parabellum calibre Norinco pistol, 3 years’ imprisonment on each count of unlawfully pointing a firearm and 12 years’ imprisonment on the count of robbery with aggravating circumstances. The sentences were ordered to run concurrently “to the extent that the accused must serve 15 years’ imprisonment”. The magistrate refused the appellant’s application for leave to appeal against his conviction and sentence. The appellant comes before us on appeal with the leave of this court, such leave having been granted on petition.

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