Modiboa v S (Appeal) (CA30/2024) [2025] ZANWHC 127 (25 July 2025)

Modiboa v S (Appeal) (CA30/2024) [2025] ZANWHC 127 (25 July 2025)

The court found that the appellant's personal circumstances, including his age, status as a first offender, and time spent in pre-trial detention, were considered by the trial court. The gravity and premeditated nature of the murder, committed in concert with others, outweighed these mitigating factors. The sentencing court exercised its discretion judicially and did not commit a material misdirection. The sentence of 25 years' imprisonment was not so disproportionate as to induce a sense of shock or justify appellate interference. Accordingly, condonation for the late prosecution of the appeal was granted, but the appeal against sentence was dismissed and the sentence confirmed.

Citation
[2025] ZANWHC 127
Parties
Appellant: Gaopalelwe Faith Modiboa; Respondent: The State
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
25 July 2025
Case Number
CA 30/2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence Only
Outcome
Appeal against sentence dismissed; sentence of 25 years' imprisonment confirmed.
Judges
Hendricks, Mokhare
Legal Topics
Murder, Sentencing Principles, Minimum Sentences, Condonation, Appeal Procedure
Criminal Law Murder Sentencing Principles Minimum Sentences Condonation Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Gaopalelwe Faith Modiboa

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence Only

Legal Issues

  1. 1 Whether the trial court erred in imposing a sentence that is disproportionate to the crime and the appellant's personal circumstances.
  2. 2 Whether the period spent in pre-trial detention should have resulted in a lesser sentence.
  3. 3 Whether the trial court over-emphasized the seriousness of the offence at the expense of the appellant's personal circumstances.

Ratio Decidendi

The court found that the appellant's personal circumstances, including his age, status as a first offender, and time spent in pre-trial detention, were considered by the trial court. The gravity and premeditated nature of the murder, committed in concert with others, outweighed these mitigating factors. The sentencing court exercised its discretion judicially and did not commit a material misdirection. The sentence of 25 years' imprisonment was not so disproportionate as to induce a sense of shock or justify appellate interference. Accordingly, condonation for the late prosecution of the appeal was granted, but the appeal against sentence was dismissed and the sentence confirmed.

Court Disposition

Appeal against sentence dismissed; sentence of 25 years' imprisonment confirmed.

Orders

  • Condonation for the late noting and prosecution of the appeal is granted.
  • The appeal against sentence is dismissed.