High Court dismisses appeal of man sentenced to 8 years for cellphone theft
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A man from Potchefstroom in North West, who was sentenced to eight years imprisonment for stealing a Samsung cellphone, appealed against his sentence, stating that it was unjustifiably severe and disproportionate to his offence.
However, the Mahikeng High Court dismissed the appeal.
On March 1, 2022, Petros Masigo snatched the Samsung cellphone from a vehicle while his victim was seated.
During the commission of the offence, Masigo is said to have been with an unknown accomplice who deliberately distracted the victim.
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While the victim was distracted, Masigo reached into the vehicle and took the phone. At the time of his arrest, he was 39 years old, single, and working at Witrand Hospital as a cleaner earning R5,000. His child at the time was 15 years old, and when he was sentenced, he had already spent a year in custody.
In the appeal against his sentence, Masigo said the Regional Court in Potchefstroom failed to consider a lesser sentence, especially in light of his circumstances and the low value of the stolen cellphone.
He said the court failed to consider that he had already spent a year in custody.
However, the State said the sentence imposed was appropriate, considering the seriousness of the offence and Masigo's extensive criminal history.
Additionally, the State emphasised that the cellphone was never recovered.
'The offence was committed in a bold and opportunistic manner,' the State said.
The High Court said the value of the cellphone may appear modest at first glance, but it was essential to contextualise the importance of a cellphone in present-day society.
'Beyond its monetary value, a cellphone typically contains sensitive personal and financial information, private communications, banking and identity verification apps, digital records, and irreplaceable personal media. The theft of such a device can lead to secondary financial losses, identity theft, and psychological harm to the victim,' said Acting Judge (AJ) Charlotte Oosthuizen-Senekal.
Additionally, she said the impact of theft extends beyond the mere replacement cost of the device itself.
Oosthuizen-Senekal said the Regional Court took into account the personal circumstances of Masigo; however, it could not ignore his extensive criminal record dating back to 2004, which reveals a persistent and troubling pattern of dishonest conduct spanning nearly two decades.
'The appellant had been released on parole multiple times but was reincarcerated due to violations. His most recent supervision ended in 2019. Nonetheless, he reoffended in March 2022, indicating a persistent disregard for the law and an unwillingness to reform,' she added.
Despite having served several terms of direct imprisonment, the appellant has not been deterred from engaging in criminal conduct.
She said Masigo's record makes it clear that he poses a continuing risk to society. He has had numerous opportunities to rehabilitate, and the justice system has, in the past, afforded him the benefit of non-custodial sentences, parole, and suspended sentences. Yet, he has shown no inclination to alter his behaviour.
Additionally, Oosthuizen-Senekal said the community required protection against further offences by Masigo.
nomonde.zondi@inl.co.za
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