UPDATE: Maximum sentence for robbers
The accused planned and executed an armed robbery, knowing someone might be killed or injured in the process.
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Sabelo Phakamani Ndwandwe (25) and Sifiso General Mhlongo (30) appeared in the Mtunzini High Court for sentencing on Thursday, after Judge Madam Justice Moodley found them guilty of the murder of Senzo Sizwe Gumede, robbery with aggravating circumstances, unlawful possession of a firearm with the serial number removed and capable of semi-automatic fire and unlawful possession of ammunition.
The accused and the deceased in March 2014, robbed Agri-Tek in Hluhluwe.
Armed with a firearm, ammunition and knives, they robbed Zakariah Khan and Lucas Mhlanga at gunpoint of R1120 cash, R1040 airtime vouchers and cellphones.
Because of a prior tip-off, police were close to the scene when the robbery was in progress.
They spotted three suspects splitting up and fleeing the scene.
Mhlongo and Gumede ran together, ignoring the police command to stop.
Gumede suddenly slowed down, stopped and pulled out a firearm.
He was then shot by the police and died at the scene.
Police recovered a 9mm Parabellum calibre Norinco- semi-automatic pistol and eight live rounds.
Advocate Paver argued that the robbers armed themselves with firearms, ammunition and knives, well-knowing they might use force to overcome resistance or to escape.
They foresaw the possibility of death or injury, but did not care about the consequence.
They acted in common purpose.
For robbery with aggravating circumstances, both were sentenced to fifteen years imprisonment.
For unlawful possession of a firearm, they were also sentenced to fifteen years each.
For possession of unlawful ammunition, both were sentenced to two years.
These sentences were ordered to run concurrently with the 20 year murder sentence.
They will effectively spend 20 years behind bars.
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