In the high court of south africa



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IN THE HIGH COURT OF SOUTH AFRICA

(EASTERN CAPE, GRAHAMSTOWN)
Case No. CA &R 390/12

Date Heard: 18/9/13

Date Delivered: 27/9/13

Reportable
In the matter between:
THE STATE Appellant
and
ANDRE RIEKERT BOSHOFF Respondent

Appeal against sentence by the State in terms of s 310A of the Criminal Procedure Act 51 of 1977 – Respondent, a lieutenant-colonel in the South Africa Police Service (the SAPS) sentenced to an effective term of seven years’ imprisonment in respect of four counts of fraud, one of corruption, one of defeating or obstructing the course of justice, one of incitement to commit an offence and one of theft (of three firearms) – Failure of trial court to apply minimum prescribed sentences in respect of three of the fraud convictions a misdirection entitling court of appeal to set aside sentence and impose sentence afresh – factors relevant to sentence set out – sentence increased to an effective 15 years’ imprisonment.



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