It was abundantly clear that Vicky Momberg’s sentence was grossly excessive, as any comparison to sentences handed down for other crimes would show. However nasty her behaviour, nobody was injured and no violence was involved. The magistrate appeared vindictive in not allowing bail pending leave to appeal, and her decision to refuse leave to appeal, meaning that no court was likely to come to a different decision, was arrogantly misplaced, as time will no doubt tell. I have no idea whether Momberg’s temporary nonpathological criminal incapacity defence is legally sustainable, but her refusal to shut up after the event, and even when dealing with social services, seems to suggest there was something seriously amiss. My bet is one year, all suspended. Sydney Kaye Cape Town
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