S v Chake (CAF13/11) [2012] ZANWHC 22 (4 June 2012)

S v Chake (CAF13/11) [2012] ZANWHC 22 (4 June 2012)

The court held that, following the amendments introduced by section 99(1) of the Child Justice Act 75 of 2008, adults sentenced to life imprisonment by a Regional Court after 1 April 2010 must apply for and be granted leave to appeal, or must successfully petition the Judge President for leave to appeal, before a High Court may hear the appeal. The court was not persuaded by the appellant's argument that the Western Cape High Court's interpretation was incorrect. The statutory framework clearly requires leave to appeal, and the appellant's application for condonation for late filing was granted. The appeal proceeded on the merits of the sentence imposed.

Citation
[2012] ZANWHC 22
Parties
Appellant: Matsheng Jacob Chake; Respondent: The State
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
4 June 2012
Case Number
CAF13/11
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
The appeal against sentence was considered after condonation was granted for late filing. The requirement for leave to appeal was affirmed.
Judges
LeeuW, Landman
Legal Topics
Rape of Minors, Life Imprisonment, Leave to Appeal, Child Justice Act, Criminal Procedure
Criminal Law Rape of Minors Life Imprisonment Leave to Appeal Child Justice Act Criminal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Matsheng Jacob Chake

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the appellant is entitled to appeal against the sentence of life imprisonment without leave to appeal.
  2. 2 Whether the interpretation of section 99(1) of the Child Justice Act 75 of 2008 as read with section 309B of the Criminal Procedure Act 51 of 1977 is correct.
  3. 3 Whether the sentence of life imprisonment imposed on the appellant is appropriate under the circumstances.

Ratio Decidendi

The court held that, following the amendments introduced by section 99(1) of the Child Justice Act 75 of 2008, adults sentenced to life imprisonment by a Regional Court after 1 April 2010 must apply for and be granted leave to appeal, or must successfully petition the Judge President for leave to appeal, before a High Court may hear the appeal. The court was not persuaded by the appellant's argument that the Western Cape High Court's interpretation was incorrect. The statutory framework clearly requires leave to appeal, and the appellant's application for condonation for late filing was granted. The appeal proceeded on the merits of the sentence imposed.

Court Disposition

The appeal against sentence was considered after condonation was granted for late filing. The requirement for leave to appeal was affirmed.

Orders

  • Condonation for the late filing of the notice of appeal is granted.
  • The appeal against sentence is considered in accordance with the statutory requirements.