S v Mkansi (SS77/2016) [2018] ZAGPJHC 441 (19 June 2018)

S v Mkansi (SS77/2016) [2018] ZAGPJHC 441 (19 June 2018)

The court found that the sentences were properly structured in accordance with statutory requirements, with all determinate sentences running concurrently with life sentences. The applicant's contention regarding the parole sentence was dismissed as factually incorrect, since no evidence was presented that any parole sentence had been put into operation. However, given the proportionality and discretionary issues inherent in sentencing, and the severity of life imprisonment, the court determined that leave to appeal should be granted to allow further scrutiny by the full court.

Citation
[2018] ZAGPJHC 441
Parties
Respondent: The State; Applicant: Mkansi: Josias Xanisaka
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
19 June 2018
Case Number
SS77/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal against the sentences imposed is granted to the applicant.
Judges
Opperman
Legal Topics
Leave to Appeal, Sentencing Discretion, Life Imprisonment, Concurrent Sentences
Criminal Law Leave to Appeal Sentencing Discretion Life Imprisonment Concurrent Sentences

Case Brief

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Parties

The State

Respondent

Mkansi: Josias Xanisaka

Applicant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether leave to appeal against the sentences imposed should be granted.
  2. 2 Whether the sentences were properly structured, particularly regarding concurrency.
  3. 3 Whether the court erred by not ordering that a parole sentence should run concurrently with the imposed sentence.

Ratio Decidendi

The court found that the sentences were properly structured in accordance with statutory requirements, with all determinate sentences running concurrently with life sentences. The applicant's contention regarding the parole sentence was dismissed as factually incorrect, since no evidence was presented that any parole sentence had been put into operation. However, given the proportionality and discretionary issues inherent in sentencing, and the severity of life imprisonment, the court determined that leave to appeal should be granted to allow further scrutiny by the full court.

Court Disposition

Leave to appeal against the sentences imposed is granted to the applicant.

Orders

  • The applicant, Mr Mkansi, is granted leave to appeal to the full court of the Gauteng Local Division against the sentences imposed.