Makobe v S (CC103/2011) [2021] ZAGPPHC 226 (15 April 2021)

Makobe v S (CC103/2011) [2021] ZAGPPHC 226 (15 April 2021)

The court found that the applicant failed to provide any explanation for the extraordinary six-year delay in bringing the application for leave to appeal. Even if condonation were granted, the court held that there were no reasonable prospects of success on appeal. The evidence against the applicant, including the sale of a cellular phone and the firearm linked to the crime scene, was thoroughly evaluated by the trial court, which correctly rejected the versions presented by the accused as untrue. The sentences imposed were appropriate, and no compelling or substantial circumstances were shown to justify a lesser sentence. Accordingly, the application for leave to appeal was dismissed...

Citation
[2021] ZAGPPHC 226
Parties
Applicant: John Nare Makobe; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 April 2021
Case Number
CC103/2011
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Conviction and Sentence
Outcome
Application for leave to appeal against conviction and sentence dismissed.
Judges
A.C. Basson
Legal Topics
Housebreaking With Aggravating Circumstances, Murder With Minimum Sentencing, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Leave to Appeal, Condonation for Delay
Criminal Law Housebreaking With Aggravating Circumstances Murder With Minimum Sentencing Unlawful Possession of Firearm Unlawful Possession of Ammunition Leave to Appeal Condonation for Delay

Case Brief

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Parties

John Nare Makobe

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the applicant has shown reasonable prospects of success on appeal against conviction and sentence.
  2. 2 Whether the delay in bringing the application for leave to appeal should be condoned.
  3. 3 Whether the court a quo erred in finding the applicant guilty beyond reasonable doubt.

Ratio Decidendi

The court found that the applicant failed to provide any explanation for the extraordinary six-year delay in bringing the application for leave to appeal. Even if condonation were granted, the court held that there were no reasonable prospects of success on appeal. The evidence against the applicant, including the sale of a cellular phone and the firearm linked to the crime scene, was thoroughly evaluated by the trial court, which correctly rejected the versions presented by the accused as untrue. The sentences imposed were appropriate, and no compelling or substantial circumstances were shown to justify a lesser sentence. Accordingly, the application for leave to appeal was dismissed...

Court Disposition

Application for leave to appeal against conviction and sentence dismissed.

Orders

  • The application for leave to appeal against conviction and sentence is dismissed.