THE SUPREME COURT OF APPEAL
REPUBLIC OF SOUTH AFRICA
MEDIA STATEMENT – CASE HEARING IN SUPREME COURT OF APPEAL
 
 
Andries Petrus Dippenaar v The State

Supreme Court of Appeal -173/06 Hearing date: 03 November 2006
Judgment date: 01 December 2006

Sentence – multiplicity of sentences resulting in effective total of 16 years – severity thereof – trial court underemphasising personal circumstances and overemphasising seriousness of offences – misdirection by trial court in not considering unchallenged evidence demonstrating remorse – effective sentence of 16 years sufficiently disparate to sentence proposed on appeal – interference on appeal warranted – appeal upheld.
Media Summary of Judgment

The Supreme Court of Appeal (SCA) today set aside an effective sentence of 16 years imposed on Dippenaar by the Bellville Regional Court in 1998.

Dippenaar had been convicted on 3 counts of attempted housebreaking, 1 count of housebreaking and theft, 8 counts of fraud involving R2 903,60, 1 count of motor vehicle theft and 1 count of reckless and negligent driving.

The SCA found that the Regional Court had failed to properly consider Dippenaar’s personal circumstances particularly the acute depression he suffered from at the time he committed the offences. The SCA also found that that short period within which Dippenaar committed the offences was demonstrative of the effects of depression on his conduct. The SCA also found that the magistrate had overemphasised the seriousness of the offences.

The SCA went on to find that properly considered the total of 16 years imposed by the magistrate was too severe and sufficiently disparate. The SCA accordingly set aside the effective sentence of 16 years and imposed an effective 10 year sentence.