Morake v S (62/2021) [2022] ZAFSHC 38 (8 March 2022)

Morake v S (62/2021) [2022] ZAFSHC 38 (8 March 2022)

The court found that the applicant's version was contradicted by uncontested medical evidence, which established that the injuries sustained by the deceased could not have resulted from a mere push. The applicant's conduct before, during, and after the incident, including his anger, refusal to seek immediate medical attention, and delay in obtaining help, supported the inference of intention to kill. Regarding sentence, the court held that the applicant failed to demonstrate true remorse or provide facts justifying mitigation. His personal circumstances, youth, and first offender status, when considered cumulatively, did not amount to substantial and compelling circumstances warranting...

Citation
[2022] ZAFSHC 38
Parties
Applicant: Lebohang Lucas Morake; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
8 March 2022
Case Number
62/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Conviction and Sentence
Outcome
Application for leave to appeal dismissed.
Judges
Daniso
Legal Topics
Murder, Minimum Sentencing, Leave to Appeal, Intention, Substantial and Compelling Circumstances
Criminal Law Murder Minimum Sentencing Leave to Appeal Intention Substantial and Compelling Circumstances

Case Brief

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Parties

Lebohang Lucas Morake

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 reasonable prospects of success in appealing the conviction for murder.
  2. 2 Whether the sentence imposed was shockingly disproportionate and whether substantial and compelling circumstances exist to justify a lesser sentence.

Ratio Decidendi

The court found that the applicant's version was contradicted by uncontested medical evidence, which established that the injuries sustained by the deceased could not have resulted from a mere push. The applicant's conduct before, during, and after the incident, including his anger, refusal to seek immediate medical attention, and delay in obtaining help, supported the inference of intention to kill. Regarding sentence, the court held that the applicant failed to demonstrate true remorse or provide facts justifying mitigation. His personal circumstances, youth, and first offender status, when considered cumulatively, did not amount to substantial and compelling circumstances warranting...

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal to the full bench of this division is dismissed.