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S v Rohde (CC43/2017) [2019] ZAWCHC 18

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S v Rohde (CC43/2017) [2019] ZAWCHC 18

1st March 2019

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[1] Mr. Rohde, on the 8th of November 2018, this Court found you guilty of the murder of your wife with the direct intention to kill her as well as defeating the ends of justice by staging her body and the crime scene so as to appear that she had committed suicide and supplying false information to the police in order to mislead the investigation as to the true method of her death and that you had murdered her.

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[2] Now is the time for me to meet out an appropriate sentence to you for the crimes of which you had been convicted.  The determination of a suitable sentence does not entail a mechanical process in which predetermined sentences are imposed for specific crimes.  In each case the sentencing court has to take into account all relevant factors, afford the appropriate weight thereto and strike a balance between the various interests to consider.  In determining a sentence which is just and fair, I have regard to the triad of factors that have to be considered as set out in the case of S v Zinn 1969 (2) SA 537 (A).  The Court must therefore take into account your personal circumstances as the accused and the person convicted of the crimes, the nature of the crimes including the gravity and extent thereof and the interests of the community.  In determing such a sentence the Court must tinge the sentence with a measure of mercy and strive to meet the objectives of punishment being retribution, prevention, deterrence and rehabilitation.

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