Director of Public Prosecutions; Gauteng Pretoria v Masuku (A102/2020) [2020] ZAGPPHC 200 (28 May 2020)
The court found that the sentences imposed by the Regional Court for attempted murder, robbery with aggravating circumstances, and attempted rape were shockingly lenient and did not adequately reflect the seriousness of the offences. The trial court materially misdirected itself in sentencing, thereby justifying...
Source-derived case information.
- Citation
- [2020] ZAGPPHC 200
- Parties
- Applicant: Director of Public Prosecutions; Gauteng Pretoria; Respondent: Vusi Masuku
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- A102/2020
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Against Sentence
- Outcome
- Leave to appeal against the sentences imposed by the Regional Court is granted.
- Judges
- BAM
- Legal Topics
- Leave to Appeal, Sentencing, Misdirection in Sentencing, Attempted Murder, Robbery With Aggravating Circumstances, Attempted Rape
Source-derived case record
Summary, issues, holding and outcome
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Parties
Director of Public Prosecutions; Gauteng Pretoria
Applicant
Vusi Masuku
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Sentence
Legal Issues
- 1 Whether leave to appeal against the sentences imposed by the Regional Court should be granted.
- 2 Whether the sentences imposed were appropriate given the seriousness of the offences.
- 3 Whether the trial court materially misdirected itself in sentencing.
Ratio Decidendi
The court found that the sentences imposed by the Regional Court for attempted murder, robbery with aggravating circumstances, and attempted rape were shockingly lenient and did not adequately reflect the seriousness of the offences. The trial court materially misdirected itself in sentencing, thereby justifying interference by a court of appeal. Consequently, condonation for the late application was granted, and leave to appeal against the sentences was allowed.
Court Disposition
Leave to appeal against the sentences imposed by the Regional Court is granted.
Orders
- Condonation for the late application for leave to appeal is granted.
- Leave to appeal against the sentences in Regional Court case no 14/62/2018, S v Vusi Masuku, is granted.
Full Case Text
Judgment text and source record
39 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
Case number: A102/2020
In the matter of
THE DIRECTOR OF PUBLIC PROSECUTIONS;
GAUTENG PRETORIA
Applicant
and
VUSI MASUKU
Respondent
JUDGMENT: APPLICATION FOR LEAVE TO APPEAL
BAM J
1. The applicant applied for leave to appeal, in terms of the provisions of 310A of the Criminal Procedure Act, against the sentence imposed by the Regional Court 5, Pretoria, in case no 14/62/2018.
2. Despite proper notice to the respondent he elected not to respond.
3. The respondent was convicted on three charges: (i) attempted murder; (ii) robbery with aggravating circumstances; and (iii)attempted rape. He was sentenced as follows: Count 1- 5 years imprisonment; Count 2 - 6 years imprisonment; Count 3 - 5 years imprisonment. It was ordered that the tree sentences should be served concurrently.
4. I have perused the court record. I do not deem it expedient to repeat or refer to the facts before the trial court, or the reasons for conviction.
5. In respect of the sentence, however, I am in agreement with the applicant's contention that there are, to say the least, good prospects that a court of appeal will interfere and increase the sentences.
6. In my view the sentence is glaringly inappropriate and shockingly lenient. The trial court erred materially and misdirected itself in respect of the seriousness of the crimes.
ORDER:
1. Condonation for the late application for leave to appeal is granted.
2. Leave to appeal against the sentences in Regional Court case no 14/62/208, S v Vusi Masuku, is granted
A J BAM JUDGE OF THE HIGH COURT
28 May 2020
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
Case no: A102/20
PRETORIA this 28TH day of MAY 2020
BEFORE His Honourable Mr Justice Barn
Order granted electronically in accordance with the directives regarding special arrangements during the National State of Disaster
In the matter between:
THE DIRECTOR OF PUBLIC PROSECUTIONS
Plaintiff/Applicant
VUSI MASUKU
Defendant/Respondent
COURT ORDER
1. Condonation for the late ap plication for leave to appeal is granted.
2. Leave to appeal against the sentences in Regional Court case no 14/62/2018, S v Vusi Masuku, is granted.
BY THE COURT
REGISTRAR