5
(c) Part IV of Schedule 2, sentence the person, in the case of –
(i) a first offender, to imprisonment for a period not less than 5 years;
(ii) a second offender of any such offence, to imprisonment for a period not
less than 7 years; and
(iii) a third or subsequent offender of any such offence, to imprisonment for a period
not less than ten years
Provided that the maximum sentence that a regional court may impose in terms of
this subsection shall not be more than five years longer than the minimum sentence
that it may impose in terms of this subsection.
(3) (a) If any court referred to in subsection (1) or (2) is satisfied that substantial and
compelling circumstances exist which justify the imposition of a lesser sentence than
the sentence prescribed in those subsections, it shall enter those circumstances on
the record of the proceedings and may thereupon impose such lesser sentence.
(b) If any court referred to in subsection (1) or (2) decides to impose a sentence
prescribed in those subsections upon a child who was 16 years of age or older,
but under the age of 18 years, at the time of the commission of the act which
constituted the offence in question, it shall enter the reasons for its decision on the
record of the proceedings.
.......
(6) The provisions of this section shall not be applicable in respect of a child who
was under the age of 16 years at the time of the commission of the act which
constituted the offence in question.'
[5]
Applying s51(3)(a) only, Sandi AJ asked himself whether
‘substantial and compelling circumstances’ were present, and concluded
that there were none. He therefore imposed the statutorily prescribed