S v Lehlozi en Ander [2011] ZAFSHC 218; [2011] ZAFSHC 93 (31 March 2011)

S v Lehlozi en Ander [2011] ZAFSHC 218; [2011] ZAFSHC 93 (31 March 2011)

The court found that there are no reasonable prospects of success on appeal against either the convictions or the sentences. The credibility findings regarding the state witnesses had already been dealt with in the judgment and required no further comment. The evidence relating to the firearms was properly admitted, as the police officer's testimony was accepted and there was no credible evidence that the firearms were pointed out as a result of assault. The sentences imposed were justified by the sophisticated planning and the brutal nature of the offences, including murder and aggravated robbery. The applicants acted as a gang, showed no respect for human life or property, and the court...

Citation
[2011] ZAFSHC 218
Parties
Applicant: Zwelinzima Lehlozi; Applicant: Stepen Simphiwe Malunga; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
31 March 2011
Case Number
16/2010
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Conviction and Sentence
Outcome
Application for leave to appeal against conviction and sentence dismissed.
Judges
S. P. B. Hancke
Legal Topics
Leave to Appeal, Credibility of Witnesses, Admissibility of Evidence, Sentencing, Murder, Armed Robbery
Criminal Law Leave to Appeal Credibility of Witnesses Admissibility of Evidence Sentencing Murder Armed Robbery

Case Brief

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Parties

Zwelinzima Lehlozi

Applicant

Stepen Simphiwe Malunga

Applicant

The State

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether there are reasonable prospects of success on appeal against conviction and sentence.
  2. 2 Whether the trial court erred in its credibility findings regarding state witnesses.
  3. 3 Whether the admission of evidence relating to firearms found at accused 3 was proper.

Ratio Decidendi

The court found that there are no reasonable prospects of success on appeal against either the convictions or the sentences. The credibility findings regarding the state witnesses had already been dealt with in the judgment and required no further comment. The evidence relating to the firearms was properly admitted, as the police officer's testimony was accepted and there was no credible evidence that the firearms were pointed out as a result of assault. The sentences imposed were justified by the sophisticated planning and the brutal nature of the offences, including murder and aggravated robbery. The applicants acted as a gang, showed no respect for human life or property, and the court...

Court Disposition

Application for leave to appeal against conviction and sentence dismissed.

Orders

  • The application for leave to appeal against both conviction and sentence is refused.