Lebogang Peter Mashilo v The State (1129/2019) [2022] ZASCA 81; - (2 June 2022)

Lebogang Peter Mashilo v The State (1129/2019) [2022] ZASCA 81; - (2 June 2022)

The Supreme Court of Appeal found that the applicant had been adequately forewarned of the applicability of the minimum sentencing regime, both in the charge sheet and during the proceedings. The applicant and his counsel were aware of the minimum sentence provisions, and the record did not support the contention that there was any irregularity or failure of justice. The applicant's arguments regarding the reduction of his co-accused's sentence were not persuasive, as the facts and procedural history differed. The court held that no exceptional circumstances existed to justify reconsideration under s 17(2)(f) of the Superior Courts Act. Accordingly, the application was dismissed.

Citation
[2022] ZASCA 81
Parties
Applicant: Lebogang Peter Mashilo; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
2 June 2022
Case Number
1129/2019
Procedural Posture
Leave to Appeal / Application for Reconsideration Under S 17(2)(f) of the Superior Courts Act
Outcome
Application for reconsideration dismissed.
Judges
Ponnan, Makgoka, Carelse, Makaula, Savage
Legal Topics
Minimum Sentencing, Leave to Appeal, Substantial and Compelling Circumstances, Forewarning of Minimum Sentence, Concurrent Sentences
Criminal Law Civil Procedure Minimum Sentencing Leave to Appeal Substantial and Compelling Circumstances Forewarning of Minimum Sentence Concurrent Sentences

Case Brief

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Parties

Lebogang Peter Mashilo

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Reconsideration Under S 17(2)(f) of the Superior Courts Act

Legal Issues

  1. 1 Whether the applicant was forewarned of the applicability of the minimum sentencing regime under s 51(2) of the Criminal Law Amendment Act.
  2. 2 Whether exceptional circumstances exist to justify reconsideration of the refusal of special leave to appeal under s 17(2)(f) of the Superior Courts Act.
  3. 3 Whether the applicant suffered a grave injustice compared to his co-accused whose sentence was reduced on appeal.

Ratio Decidendi

The Supreme Court of Appeal found that the applicant had been adequately forewarned of the applicability of the minimum sentencing regime, both in the charge sheet and during the proceedings. The applicant and his counsel were aware of the minimum sentence provisions, and the record did not support the contention that there was any irregularity or failure of justice. The applicant's arguments regarding the reduction of his co-accused's sentence were not persuasive, as the facts and procedural history differed. The court held that no exceptional circumstances existed to justify reconsideration under s 17(2)(f) of the Superior Courts Act. Accordingly, the application was dismissed.

Court Disposition

Application for reconsideration dismissed.

Orders

  • The application is dismissed.