Sthabiso and Others v S (SS114/2018) [2023] ZAGPJHC 1100 (2 October 2023)

Sthabiso and Others v S (SS114/2018) [2023] ZAGPJHC 1100 (2 October 2023)

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. The evidence of the eyewitnesses was credible, as they knew the applicants and saw them with firearms at the scene. The ballistic evidence further linked the applicants to the crime. The court held that the sentences imposed were just and equitable, noting that it had already deviated from the minimum sentence of life imprisonment and ordered certain sentences to run concurrently, reducing the overall period of imprisonment. The cumulative sentence of 35 years was not disturbingly shocking given the seriousness of the offences and the applicants' conduct.

Citation
[2023] ZAGPJHC 1100
Parties
Applicant: Kubheka Sthabiso; Applicant: Mthiyane Motlalepule; Applicant: Xaba Mluleki; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
2 October 2023
Case Number
SS114/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Conviction and Sentence After Trial and Sentencing
Outcome
Leave to appeal against conviction and sentence is refused for all applicants.
Judges
MAKUME
Legal Topics
Leave to Appeal, Murder, Possession of Unlicensed Firearm, Possession of Prohibited Firearm, Possession of Ammunition, Minimum Sentencing
Criminal Law Leave to Appeal Murder Possession of Unlicensed Firearm Possession of Prohibited Firearm Possession of Ammunition Minimum Sentencing

Case Brief

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Parties

Kubheka Sthabiso

Applicant

Mthiyane Motlalepule

Applicant

Xaba Mluleki

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Conviction and Sentence After Trial and Sentencing

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against conviction and sentence.
  2. 2 Whether the evidence of the eyewitnesses was sufficient to sustain the convictions.
  3. 3 Whether the cumulative effect of the sentences imposed is disturbingly shocking.

Ratio Decidendi

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. The evidence of the eyewitnesses was credible, as they knew the applicants and saw them with firearms at the scene. The ballistic evidence further linked the applicants to the crime. The court held that the sentences imposed were just and equitable, noting that it had already deviated from the minimum sentence of life imprisonment and ordered certain sentences to run concurrently, reducing the overall period of imprisonment. The cumulative sentence of 35 years was not disturbingly shocking given the seriousness of the offences and the applicants' conduct.

Court Disposition

Leave to appeal against conviction and sentence is refused for all applicants.

Orders

  • Application for leave to appeal against conviction by first and third applicants is refused.
  • Application for leave to appeal against sentence by first, second and third applicants is refused.