CRIMINAL CASE NO. 13 OF 2010
You, D1, are 23 years old with detention centre behind you for robberies. You, D2, are 40 with convictions for robbery, wounding with intent, burglary and trafficking in dangerous drugs. You have been sentenced on several occasions to long terms of imprisonment.
The robberies which you carried out together were brutal. You chose your victims. One was 54. One was 68; the latter weakened by illness. Both were alone in a public place, one walking home from work, the other sitting on a bench. Both robberies involved weapons; window frame in the first and water pipe in the second. Both of you wielded the weapons.
Your brutality was evident from the way you conducted each robbery. In both cases you immediately went for the head of the victim using the weapons with committed violence, having approached the victims from behind. Multiple blows were struck in each case. I have photographs here of the injuries. They tell the tale. However, it is worthy of repetition that both victims suffered multiple injuries with lacerations to the scalp.
The first victim for some time had persistent headache and vomiting. The second victim required more than 40 stitches in his head as well as suffering a fracture of his finger. You can expect no mercy for such conduct and you must expect a long sentence. The only mitigation available to you is your admission to the police and the pleas of guilty for which you both earn the generous one‑third discount.
In the case of each of you on each count I shall take a starting point for sentence of 8 years’ imprisonment. Giving credit for the pleas of guilty, the sentence I pass on each count in respect of each of you is one of 5 years and 4 months’ imprisonment.
The first robbery occurred in May and the second in July of last year. I have to bear in mind totality but if you would have had any remorse after beating and attacking your first victim, you would not have done it again to the second. These were two separate crimes deliberately committed.
I judge that the right sentence is one of 8½ years’ imprisonment and that will be achieved by ordering the sentences on Count 2 to commence after the expiry of 3 years and 2 months of the sentences on Count 1. The sentence is a harsh one and it is harsh by design. The public will simply not stand for such crime and will rightly demand severity.