S v Noyahungu (SS313/00) [2002] ZAGPHC 9 (15 February 2002)
The court found that the principles of sentencing, particularly in cases of violence against family members, are currently unsettled and subject to differing judicial views. In fairness to the accused, and given the reasonable prospects of success regarding the sentence, leave to appeal against sentence was granted....
Source-derived case information.
- Citation
- [2002] ZAGPHC 9
- Parties
- Respondent: The State; Applicant: Hevison Fundini Noyahungu
- Court
- High Courts - Gauteng
- Jurisdiction
- South Africa
- Case Number
- SS313/00
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Against Sentence After Conviction and Sentencing
- Outcome
- Leave to appeal against sentence granted; appeal to be heard by the full bench of the division.
- Judges
- Willis
- Legal Topics
- Leave to Appeal, Sentencing Principles, Violent Crime, Family Member Victim
Source-derived case record
Summary, issues, holding and outcome
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Parties
The State
Respondent
Hevison Fundini Noyahungu
Applicant
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Sentence After Conviction and Sentencing
Legal Issues
- 1 Whether leave to appeal against sentence should be granted to the accused.
- 2 Whether the appeal should be directed to the full bench or the Supreme Court of Appeal.
Ratio Decidendi
The court found that the principles of sentencing, particularly in cases of violence against family members, are currently unsettled and subject to differing judicial views. In fairness to the accused, and given the reasonable prospects of success regarding the sentence, leave to appeal against sentence was granted. The matter was not deemed sufficiently complex or important to warrant referral to the Supreme Court of Appeal, and thus the appeal was directed to the full bench of the division.
Court Disposition
Leave to appeal against sentence granted; appeal to be heard by the full bench of the division.
Orders
- The accused is given leave to appeal against sentence only.
- It is directed that the appeal be heard by the full bench of this division.
Full Case Text
Judgment text and source record
18 paragraphs
NOT REPORTABLE
IN THE HIGH COURT OF SOUTH AFRICA
(WITWATERSRAND LOCAL DIVISION)
JOHANNESBURG
CASE NO: SS313/00
DATE:2002-02-15
In the matter between:
THE STATE
and
HEVISON FUNDINI NOYAHUNGU
JUDGMENT
WILLIS J: Immediately after I pronounced sentence In this matter, Mr Mpanza, acting for the accused, made an application for leave to appeal against sentence only. He indicated that he accepted the correctness of the conviction. I think it is appropriate to indicate at this stage that had an application for leave to appeal against conviction been made, I would have dismissed it, as I am satisfied that there are no reasonable prospects of success with regard to an appeal against conviction.
With regard to sentence, I accept that the principles of sentencing are in a state of flux, and that different views are being taken with regard to crimes of violence against family members. It seems to me to be fair to the accused that he should have an opportunity to argue the question of sentence before an appeal court. I accept that there are reasonable prospects of success with regard to an appeal against sentence.
In my view the appeal against sentence is not of sufficient complexity or importance to warrant that it be directed to the Supreme Court of Appeal, and I shall direct that the appeal be heard by the full bench of this division.
The following order is granted:
1. The accused is given leave to appeal against sentence only.
2. It is directed that the appeal be heard by the full bench of this division.
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