Cape Town - A man with a history of convictions for contravening protection orders, including one from his own mother, has lost his appeal against a 3-year sentence he received in 2022 for failing to stick to yet another protection order and two counts of assault.
Wayne September had approached the Western Cape High Court to appeal against the sentence imposed by the Worcester Magistrate’s Court in September 2022.
The three offences he was appealing against in the high court were committed on March 6, 2022 at the home of his mother Paulina September.
She was the complainant in the matter of the contravention of the protection order, while the two charges of assault had been brought by Ben Davids and Gideon Solomons.
September said that on the day in question he was involved in an argument with Davids, who swore at him.
September said he became angry and pushed the elderly Davids, causing him to fall on to the floor.
September admitted that after he had pushed Davids he had attacked Solomons with a spade, hitting him on his head and arm.
September admitted to breaching a domestic violence protection order – granted in favour of his mother on November 9, 2021 – in that he swore at her and threatened to kill her.
Following the plea proceedings in the matter, he was sentenced to 24 months’ imprisonment.
The magistrate had taken the assault charges together for the purpose of sentence.
His breach of the protection order against his mother earned him a separate sentence of an additional 12 months’ imprisonment.
In the High Court, September admitted his previous convictions but said the magistrate’s court had over-emphasised them and this had resulted in a disproportionate sentence in relation to the offences.
Dismissing September’s appeal, Judge Robert Henney and Acting Judge Raadiyah Wathen-Falken said: “The previous convictions considered in light of the current charges are a clear indication that the appellant has a propensity towards violence and has no regard for court orders.
“The magistrate in our view did not misdirect himself.
“We are satisfied the magistrate imposed a balanced sentence and properly considered all the circumstances in a proportionate manner.”
mwangi.githahu@inl.co.za