Ndimande and Others v S (SS53/2021) [2023] ZAGPJHC 57 (25 January 2023)

Ndimande and Others v S (SS53/2021) [2023] ZAGPJHC 57 (25 January 2023)

The court found that the grounds advanced by the appellants regarding conviction and sentence were fully addressed in the original judgment. The evidence presented was carefully considered, and the findings made were supported by rational analysis. The court held that there are no reasonable prospects that another court would reach a different conclusion on either conviction or sentence. The sentences imposed were justified and not shockingly inappropriate, and the trial court did not misdirect itself. Consequently, leave to appeal against both conviction and sentence was dismissed for all appellants.

Citation
[2023] ZAGPJHC 57
Parties
Appellant: Simphiwe Thando Ndimande; Appellant: Phinda Tati; Appellant: Andile Ndwe; Appellant: Bonginkosi Masango; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
25 January 2023
Case Number
SS53/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Conviction and Sentence
Outcome
Leave to appeal against conviction and sentence is dismissed for all four appellants.
Judges
Dosio
Legal Topics
Leave to Appeal, Murder, Robbery, Minimum Sentencing, Reasonable Prospect of Success
Criminal Law Leave to Appeal Murder Robbery Minimum Sentencing Reasonable Prospect of Success

Case Brief

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Parties

Simphiwe Thando Ndimande

Appellant

Phinda Tati

Appellant

Andile Ndwe

Appellant

Bonginkosi Masango

Appellant

The State

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether there is a reasonable prospect of success on appeal against conviction for murder and robbery.
  2. 2 Whether the trial court erred in its findings regarding the involvement of each appellant.
  3. 3 Whether the sentences imposed induce a sense of shock or are inappropriate given the appellants' personal circumstances.

Ratio Decidendi

The court found that the grounds advanced by the appellants regarding conviction and sentence were fully addressed in the original judgment. The evidence presented was carefully considered, and the findings made were supported by rational analysis. The court held that there are no reasonable prospects that another court would reach a different conclusion on either conviction or sentence. The sentences imposed were justified and not shockingly inappropriate, and the trial court did not misdirect itself. Consequently, leave to appeal against both conviction and sentence was dismissed for all appellants.

Court Disposition

Leave to appeal against conviction and sentence is dismissed for all four appellants.

Orders

  • Leave to appeal in respect of the convictions of all four appellants is dismissed.
  • Leave to appeal in respect of the sentences imposed on all four appellants is dismissed.