S v Myaka (117/92) [1993] ZASCA 119; [1993] 4 All SA 881 (A) (14 September 1993)

S v Myaka (117/92) [1993] ZASCA 119; [1993] 4 All SA 881 (A) (14 September 1993)

The court found that the trial judge had taken into account all relevant factors and had not considered any irrelevant factors. No irregularity or misdirection was present. The argument on appeal related only to the weight given to various factors, which is within the trial judge's prerogative. The sentences imposed, both individually and cumulatively, were not excessive or unjust. Therefore, the appeal against sentence was dismissed.

Citation
[1993] ZASCA 119
Parties
Appellant: Mkhombiseni Moses Myaka; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
14 September 1993
Case Number
117/92
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal against sentence dismissed.
Judges
Van Heerden, Nestadt, Nicholas
Legal Topics
Appeal Against Sentence, Sentencing Discretion, Concurrent Sentences, Murder, Robbery With Aggravating Circumstances
Criminal Law Appeal Against Sentence Sentencing Discretion Concurrent Sentences Murder Robbery With Aggravating Circumstances

Case Brief

Summary, issues, holding and outcome

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Parties

Mkhombiseni Moses Myaka

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed on the appellant were shockingly inappropriate or unjust.
  2. 2 Whether the trial judge exercised his sentencing discretion judicially and properly.
  3. 3 Whether the appeal should have been directed to the full court rather than the Appellate Division.

Ratio Decidendi

The court found that the trial judge had taken into account all relevant factors and had not considered any irrelevant factors. No irregularity or misdirection was present. The argument on appeal related only to the weight given to various factors, which is within the trial judge's prerogative. The sentences imposed, both individually and cumulatively, were not excessive or unjust. Therefore, the appeal against sentence was dismissed.

Court Disposition

Appeal against sentence dismissed.

Orders

  • The appeal against sentence is dismissed.