Manyike v S (527/17) [2017] ZASCA 96 (15 June 2017)

Manyike v S (527/17) [2017] ZASCA 96 (15 June 2017)

The applicant failed to demonstrate any exceptional circumstances that would justify reconsideration or variation of the refusal of leave to appeal against sentence. The facts of the case, including the brutal nature of the crime and the absence of substantial and compelling circumstances, warranted the sentences imposed. The trial court and the judges considering the petition correctly found no reasonable prospects of success for an appeal. The applicant's arguments regarding antedating the sentence and the weight of his guilty plea were found to be irrelevant or insufficient. Accordingly, the application for reconsideration is dismissed.

Citation
[2017] ZASCA 96
Parties
Applicant: Joseph Manyike; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
15 June 2017
Case Number
527/17
Procedural Posture
Leave to Appeal / Application for Reconsideration Under S 17(2)(f) of the Superior Courts Act
Outcome
Application for reconsideration and variation of refusal of leave to appeal is dismissed.
Judges
J B Z Shongwe
Legal Topics
Leave to Appeal, Exceptional Circumstances, Sentencing, Life Imprisonment
Criminal Law Civil Procedure Leave to Appeal Exceptional Circumstances Sentencing Life Imprisonment

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Parties

Joseph Manyike

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 exceptional circumstances exist to justify reconsideration and possible variation of the refusal of leave to appeal against sentence.
  2. 2 Whether the trial court erred in not antedating the sentence or in failing to give sufficient weight to the guilty plea and plea for mercy.

Ratio Decidendi

The applicant failed to demonstrate any exceptional circumstances that would justify reconsideration or variation of the refusal of leave to appeal against sentence. The facts of the case, including the brutal nature of the crime and the absence of substantial and compelling circumstances, warranted the sentences imposed. The trial court and the judges considering the petition correctly found no reasonable prospects of success for an appeal. The applicant's arguments regarding antedating the sentence and the weight of his guilty plea were found to be irrelevant or insufficient. Accordingly, the application for reconsideration is dismissed.

Court Disposition

Application for reconsideration and variation of refusal of leave to appeal is dismissed.

Orders

  • The application is dismissed.