Thekiso v S (SH62/03, 387/09) [2009] ZAGPPHC 374 (23 November 2009)

Thekiso v S (SH62/03, 387/09) [2009] ZAGPPHC 374 (23 November 2009)

The court found no reasonable prospect that another court would grant leave to appeal against the applicant's conviction, as the evidence against him was overwhelming and his defence was correctly rejected as false beyond reasonable doubt. However, the court held that another court may reasonably find the cumulative effect of the applicant's sentence to be disproportionately heavy compared to his co-accused, and therefore granted leave to appeal against the sentence. The court declined to exercise its review powers to alter the sentence directly, as this might prejudice the applicant's right to seek leave to appeal and have the matter dealt with on appeal.

Citation
[2009] ZAGPPHC 374
Parties
Applicant: Zakhele Thekiso; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 November 2009
Case Number
SH62/03, 387/09
Procedural Posture
Leave to Appeal / Petition for Leave to Appeal Following Conviction and Sentence in Regional Court
Outcome
Leave to appeal against conviction refused; leave to appeal against sentence granted.
Judges
B R Du Plessis, B C Van den Heever
Legal Topics
Leave to Appeal, Sentence Disparity, Common Purpose, Murder, Attempted Murder, Kidnapping
Criminal Law Leave to Appeal Sentence Disparity Common Purpose Murder Attempted Murder Kidnapping

Case Brief

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Parties

Zakhele Thekiso

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Petition for Leave to Appeal Following Conviction and Sentence in Regional Court

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court will grant leave to appeal against the applicant's conviction.
  2. 2 Whether the cumulative effect of the applicant's sentence is disproportionately heavy compared to his co-accused and warrants leave to appeal.

Ratio Decidendi

The court found no reasonable prospect that another court would grant leave to appeal against the applicant's conviction, as the evidence against him was overwhelming and his defence was correctly rejected as false beyond reasonable doubt. However, the court held that another court may reasonably find the cumulative effect of the applicant's sentence to be disproportionately heavy compared to his co-accused, and therefore granted leave to appeal against the sentence. The court declined to exercise its review powers to alter the sentence directly, as this might prejudice the applicant's right to seek leave to appeal and have the matter dealt with on appeal.

Court Disposition

Leave to appeal against conviction refused; leave to appeal against sentence granted.

Orders

  • Leave is refused to appeal against this court’s refusal of the applicant's petition for leave to appeal against the convictions.
  • The applicant is granted leave to appeal to the Supreme Court of Appeal against this court’s refusal of his petition for leave to appeal against the sentence.