Sonnenberg v S (53/18) [2019] ZAFSHC 174 (23 September 2019)

Sonnenberg v S (53/18) [2019] ZAFSHC 174 (23 September 2019)

The court found that, although the circumstantial evidence was sufficient for conviction, there were aspects—specifically, the lack of direct evidence that the deceased arrived at the applicant's farm and the time lapse before the bodies were discovered—that could lead another court to a different conclusion regarding the nexus between the applicant and the murders. The applicant's age and medical condition may also constitute substantial and compelling circumstances justifying deviation from the minimum sentence. Consequently, the court held that there are reasonable prospects of success on appeal regarding the murder convictions and sentences, but not in respect of the conviction and...

Citation
[2019] ZAFSHC 174
Parties
Applicant: Juan Pieter Sonnenberg; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
23 September 2019
Case Number
53/18
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Conviction and Sentencing
Outcome
Leave to appeal granted on convictions and sentences for murder; leave to appeal refused on the Firearms Control Act charge.
Judges
Molitsoane
Legal Topics
Murder, Circumstantial Evidence, Leave to Appeal, Minimum Sentences, Firearms Control Act
Criminal Law Murder Circumstantial Evidence Leave to Appeal Minimum Sentences Firearms Control Act

Case Brief

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Parties

Juan Pieter Sonnenberg

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Conviction and Sentencing

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against convictions for murder.
  2. 2 Whether the applicant has reasonable prospects of success on appeal against sentences imposed for murder.
  3. 3 Whether substantial and compelling circumstances exist to justify deviation from the minimum sentence of life imprisonment.

Ratio Decidendi

The court found that, although the circumstantial evidence was sufficient for conviction, there were aspects—specifically, the lack of direct evidence that the deceased arrived at the applicant's farm and the time lapse before the bodies were discovered—that could lead another court to a different conclusion regarding the nexus between the applicant and the murders. The applicant's age and medical condition may also constitute substantial and compelling circumstances justifying deviation from the minimum sentence. Consequently, the court held that there are reasonable prospects of success on appeal regarding the murder convictions and sentences, but not in respect of the conviction and...

Court Disposition

Leave to appeal granted on convictions and sentences for murder; leave to appeal refused on the Firearms Control Act charge.

Orders

  • The applicant is granted leave to appeal the convictions and sentences on three counts of murder to the Full Court of this Division.
  • The applicant is denied leave to appeal the conviction and sentence on a charge of contravention of section 90 of the Firearms Control Act, 60 of 2000.