Leso v S (CA 63/2019) [2024] ZANWHC 114 (16 April 2024)

Leso v S (CA 63/2019) [2024] ZANWHC 114 (16 April 2024)

The court held that the trial court properly considered all relevant evidence, including the appellant's personal circumstances and the gravity of the offences. The rapes were committed against two minor victims, at knife point, repeatedly, and in degrading circumstances. The trial court found no substantial and compelling circumstances to justify a lesser sentence than life imprisonment, as required by section 51(1) of the Criminal Law Amendment Act. The appellate court found no misdirection or disproportionality in the sentence imposed and concluded that the prescribed minimum sentence was appropriate and just under the circumstances. The appeal against sentence was dismissed.

Citation
[2024] ZANWHC 114
Parties
Appellant: Kholofelo Frans Leso; Respondent: The State
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
16 April 2024
Case Number
CA 63/2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Judges
N G Laubscher, FMM Reid
Legal Topics
Rape, Minimum Sentencing, Substantial and Compelling Circumstances, Sentencing Discretion, Child Victims, Firearms Disqualification
Criminal Law Rape Minimum Sentencing Substantial and Compelling Circumstances Sentencing Discretion Child Victims Firearms Disqualification

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Parties

Kholofelo Frans Leso

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the trial court erred in finding no substantial and compelling circumstances justifying a lesser sentence than life imprisonment.
  2. 2 Whether the sentence of life imprisonment imposed for two counts of rape was proportionate and appropriate under the circumstances.

Ratio Decidendi

The court held that the trial court properly considered all relevant evidence, including the appellant's personal circumstances and the gravity of the offences. The rapes were committed against two minor victims, at knife point, repeatedly, and in degrading circumstances. The trial court found no substantial and compelling circumstances to justify a lesser sentence than life imprisonment, as required by section 51(1) of the Criminal Law Amendment Act. The appellate court found no misdirection or disproportionality in the sentence imposed and concluded that the prescribed minimum sentence was appropriate and just under the circumstances. The appeal against sentence was dismissed.