Londoni v S (A74/2019) [2021] ZAGPJHC 51 (15 February 2021)

Londoni v S (A74/2019) [2021] ZAGPJHC 51 (15 February 2021)

The appeal court found no merit in the appellant's challenge to her conviction, holding that the trial court correctly accepted the evidence of the State witnesses, which was corroborated and consistent with the medical evidence. The appellant's version was found to be improbable and lacking credibility. However, the court held that the trial magistrate failed to properly consider the impact of a lengthy custodial sentence on the appellant's own young child, as required by section 28(2) of the Constitution. While correctional supervision was deemed inappropriate due to the severity of the offence, the interests of justice required a reduction in the custodial sentence, with part thereof...

Citation
[2021] ZAGPJHC 51
Parties
Appellant: Londoni Phyllis; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
15 February 2021
Case Number
A74/2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against sentence upheld; sentence reduced and partially suspended.
Judges
P H Malungana, R Strydom
Legal Topics
Attempted Murder, Sentencing Principles, Child Victim, Best Interests of Child, Appeal Procedure
Criminal Law Family and Children Attempted Murder Sentencing Principles Child Victim Best Interests of Child Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Londoni Phyllis

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant was wrongly convicted of attempted murder of an infant child.
  2. 2 Whether the sentence imposed by the trial court was appropriate in light of the circumstances and the interests of the appellant's child.

Ratio Decidendi

The appeal court found no merit in the appellant's challenge to her conviction, holding that the trial court correctly accepted the evidence of the State witnesses, which was corroborated and consistent with the medical evidence. The appellant's version was found to be improbable and lacking credibility. However, the court held that the trial magistrate failed to properly consider the impact of a lengthy custodial sentence on the appellant's own young child, as required by section 28(2) of the Constitution. While correctional supervision was deemed inappropriate due to the severity of the offence, the interests of justice required a reduction in the custodial sentence, with part thereof...

Court Disposition

Appeal against conviction dismissed; appeal against sentence upheld; sentence reduced and partially suspended.

Orders

  • The appeal against conviction is dismissed.
  • The appeal against sentence is upheld.