The Supreme Court of Appeal (SCA) has set aside a 15-year sentence imposed on a woman who stole close to R1.5m from her employer between August 2014 and August 2015.
It found that the trial court misdirected itself when it sentenced Natasha Tanya Evans in terms of minimum sentence legislation for fraud.
The court set aside the sentence imposed by the Pretoria high court and sentenced Evans to eight years’ imprisonment, of which five years is suspended for five years, on condition she is not convicted of fraud, attempted fraud, theft or attempted theft. This means she will be serving a three-year jail term.
Evans, together with her former husband, Eduan Gert Botha, was charged with 60 counts of fraud, alternatively theft, read with the minimum sentence legislation.
The total amount involved was R1.489m, of which R297,460 was transferred directly into Botha’s bank account and the balance into her personal bank account
They were both convicted on all counts on the basis of common purpose. All 60 counts were taken as one for purposes of sentencing and she was sentenced to 15 years’ imprisonment.
Botha was sentenced to five years’ imprisonment, with a further two years’ imprisonment suspended for five years on condition he is not convicted of fraud, attempted fraud, theft or attempted theft, during the period of suspension.
Evans was employed as a bookkeeper by Silver Dove Import and Export CC.
Her duties included the loading of the various creditors for payment and to authorise payments from three different bank accounts.
The owner of the company and his wife went on vacation, leaving Evans with the necessary passwords to effect payments during their absence. This responsibility continued even after their return from vacation.
It was later discovered that from August 2014 until August 2015, Evans authorised and made fictitious payments to herself and her former husband.
On appeal, Evans said the trial court misdirected itself in invoking the provisions of the minimum sentencing legislation.
The SCA said it was common cause that individually, none of the 60 counts of fraud exceeded R500,000, which requires the court to impose the prescribed minimum sentence of 15 years.
“In this case, not a single count exceeded the amount of R500,000, and in our view the prescribed minimum sentence does not find application in this case,” acting judge of appeal Nelisa Mali wrote a judgment in which four other judges concurred.
The court said as a result of Evans' conduct, her co-workers were affected. Some had to work reduced hours while others were, unfortunately, laid off.
In this case, the interests of society will be best served by the imposition of a custodial sentence.
TimesLIVE
SCA sets aside 15-year sentence imposed on woman who stole almost R1.5m from employer
The SCA found none of the stolen amounts exceeded R500,000, which would have required the court to impose the prescribed minimum sentence of 15 years
Image: 123RF/SKYCINEMA
The Supreme Court of Appeal (SCA) has set aside a 15-year sentence imposed on a woman who stole close to R1.5m from her employer between August 2014 and August 2015.
It found that the trial court misdirected itself when it sentenced Natasha Tanya Evans in terms of minimum sentence legislation for fraud.
The court set aside the sentence imposed by the Pretoria high court and sentenced Evans to eight years’ imprisonment, of which five years is suspended for five years, on condition she is not convicted of fraud, attempted fraud, theft or attempted theft. This means she will be serving a three-year jail term.
Evans, together with her former husband, Eduan Gert Botha, was charged with 60 counts of fraud, alternatively theft, read with the minimum sentence legislation.
The total amount involved was R1.489m, of which R297,460 was transferred directly into Botha’s bank account and the balance into her personal bank account
They were both convicted on all counts on the basis of common purpose. All 60 counts were taken as one for purposes of sentencing and she was sentenced to 15 years’ imprisonment.
Botha was sentenced to five years’ imprisonment, with a further two years’ imprisonment suspended for five years on condition he is not convicted of fraud, attempted fraud, theft or attempted theft, during the period of suspension.
Evans was employed as a bookkeeper by Silver Dove Import and Export CC.
Her duties included the loading of the various creditors for payment and to authorise payments from three different bank accounts.
The owner of the company and his wife went on vacation, leaving Evans with the necessary passwords to effect payments during their absence. This responsibility continued even after their return from vacation.
It was later discovered that from August 2014 until August 2015, Evans authorised and made fictitious payments to herself and her former husband.
On appeal, Evans said the trial court misdirected itself in invoking the provisions of the minimum sentencing legislation.
The SCA said it was common cause that individually, none of the 60 counts of fraud exceeded R500,000, which requires the court to impose the prescribed minimum sentence of 15 years.
“In this case, not a single count exceeded the amount of R500,000, and in our view the prescribed minimum sentence does not find application in this case,” acting judge of appeal Nelisa Mali wrote a judgment in which four other judges concurred.
The court said as a result of Evans' conduct, her co-workers were affected. Some had to work reduced hours while others were, unfortunately, laid off.
In this case, the interests of society will be best served by the imposition of a custodial sentence.
TimesLIVE
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