Thembinkosi Mekuto v The State (1120/2020) [2022] ZASCA 86 (8 June 2022)

Thembinkosi Mekuto v The State (1120/2020) [2022] ZASCA 86 (8 June 2022)

The Supreme Court of Appeal found that, except for the attempted murder charge, the applicant failed to demonstrate special circumstances warranting reconsideration or variation of the refusal of leave to appeal. The sentences imposed for robbery with aggravating circumstances, murder, and possession of firearms and...

Source-derived case information.

Citation
[2022] ZASCA 86
Parties
Applicant: Thembinkosi Mekuto; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
8 June 2022
Case Number
1120/2020
Procedural Posture
Reconsideration Application / Application for Reconsideration and Variation of Refusal of Special Leave to Appeal; Appeal Against Sentence
Outcome
Application for reconsideration granted in respect of the sentence for attempted murder; sentence reduced to 10 years' imprisonment. Application for reconsideration dismissed in respect of other counts.
Judges
Molemela, Gorven, Hughes, Tsoka, Musi
Legal Topics
Special Leave to Appeal, Sentencing Disparity, Attempted Murder, Minimum Sentences, Common Purpose, Firearms Control
Criminal Law Special Leave to Appeal Sentencing Disparity Attempted Murder Minimum Sentences Common Purpose Firearms Control

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Parties

Thembinkosi Mekuto

Applicant

The State

Respondent

Procedural Posture

Reconsideration Application / Application for Reconsideration and Variation of Refusal of Special Leave to Appeal; Appeal Against Sentence

Legal Issues

  1. 1 Whether special leave to appeal against sentences imposed on the applicant should have been granted.
  2. 2 Whether the refusal of leave to appeal by two judges of the SCA ought to be reconsidered and varied.
  3. 3 Whether the sentence imposed for attempted murder was appropriate given the circumstances and parity with a co-accused.

Ratio Decidendi

The Supreme Court of Appeal found that, except for the attempted murder charge, the applicant failed to demonstrate special circumstances warranting reconsideration or variation of the refusal of leave to appeal. The sentences imposed for robbery with aggravating circumstances, murder, and possession of firearms and ammunition were justified under the CLAA, and no misdirection was found. However, in respect of attempted murder, the circumstances were identical to those of Mr Mpuqe, whose sentence was reduced to 10 years' imprisonment. The applicant's level of participation and personal circumstances did not warrant a harsher sentence than Mr Mpuqe. The Court held that parity of sentencing...

Court Disposition

Application for reconsideration granted in respect of the sentence for attempted murder; sentence reduced to 10 years' imprisonment. Application for reconsideration dismissed in respect of other counts.

Orders

  • The application for condonation of the late filing of the application for reconsideration in terms of s 17(2)(f) of the Superior Courts Act is granted.
  • The application for reconsideration is granted in respect of the sentence imposed on count 3, and the order of the two judges of the SCA refusing leave to appeal is varied and replaced with one granting the applicant leave to appeal on that aspect.