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should be dealt with on its own facts, connected with the crime and the
criminal...." (Karg's case ubi cit.) See S v Fraser 1987(2) SA 859(A)
at 863 CD.
In my opinion the magistrate misdirected himself in relying on S v E and
this misdirection led him to impose a sentence which in my
view was entirely disproportionate. This court is accordingly at large in regard to
sentence.
The magistrate did not consider correctional supervision as a possible
sentencing option. This was probably because the probation
officer had stated in the welfare report on Davids -
"Die oplegging van korrektiewe toesig kan oorweeg word, maar in
die lig daarvan dat die betrokkene buite die bedieningsgebied van
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