Van Wyk v S , Galela v S (20273/2014 , 20448/2014) [2014] ZASCA 152; [2014] 4 All SA 708 (SCA); 2015 (1) SACR 584 (SCA) (29 September 2014)

Van Wyk v S , Galela v S (20273/2014 , 20448/2014) [2014] ZASCA 152; [2014] 4 All SA 708 (SCA); 2015 (1) SACR 584 (SCA) (29 September 2014)

The Supreme Court of Appeal held that, following the enactment of the Superior Courts Act 10 of 2013, special leave to appeal is required from the SCA in criminal matters where the high court has dismissed an appeal or refused a petition for leave to appeal. The high court does not have jurisdiction to grant leave to appeal to the SCA in these circumstances. In Van Wyk, the SCA found that the sentence imposed was so disproportionate and shocking that no reasonable court could have imposed it, and that special circumstances existed, namely that refusal of leave would result in a manifest denial of justice. The appellant had already served a sufficient period of imprisonment. In Galela, the...

Citation
[2014] ZASCA 152
Parties
Appellant: Hendrick Van Wyk; Appellant: Bonile Galela; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 September 2014
Case Number
20273/2014 , 20448/2014
Procedural Posture
Criminal Appeal / Supreme Court of Appeal Judgment on Special Leave to Appeal and Merits
Outcome
Special leave to appeal granted in Van Wyk v The State; appeal upheld and sentence reduced. Special leave to appeal refused in Galela v The State.
Judges
Navsa, Brand, Ponnan, Swain, Mathopo
Legal Topics
Special Leave to Appeal, Criminal Procedure Act, Superior Courts Act, Sentencing Disparity, Rape, Sexual Offences
Criminal Law Civil Procedure Special Leave to Appeal Criminal Procedure Act Superior Courts Act Sentencing Disparity Rape Sexual Offences

Case Brief

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Parties

Hendrick Van Wyk

Appellant

Bonile Galela

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Supreme Court of Appeal Judgment on Special Leave to Appeal and Merits

Legal Issues

  1. 1 Whether the Supreme Court of Appeal has jurisdiction to grant special leave to appeal in criminal matters where the high court dismissed an appeal or refused a petition for leave to appeal.
  2. 2 Whether the sentences imposed by the trial courts were disproportionate and justified interference by the appellate court.
  3. 3 Whether special circumstances exist to justify granting special leave to appeal.

Ratio Decidendi

The Supreme Court of Appeal held that, following the enactment of the Superior Courts Act 10 of 2013, special leave to appeal is required from the SCA in criminal matters where the high court has dismissed an appeal or refused a petition for leave to appeal. The high court does not have jurisdiction to grant leave to appeal to the SCA in these circumstances. In Van Wyk, the SCA found that the sentence imposed was so disproportionate and shocking that no reasonable court could have imposed it, and that special circumstances existed, namely that refusal of leave would result in a manifest denial of justice. The appellant had already served a sufficient period of imprisonment. In Galela, the...

Court Disposition

Special leave to appeal granted in Van Wyk v The State; appeal upheld and sentence reduced. Special leave to appeal refused in Galela v The State.

Orders

  • The appellant Hendrick Van Wyk is granted special leave to appeal against the sentence imposed by the Regional Court, Pretoria-North, confirmed on appeal by the North Gauteng High Court.
  • The appeal of Hendrick Van Wyk is upheld. The order of the court a quo is set aside and substituted with the following: The sentence imposed by the trial court is set aside and the following sentence is substituted: The appellant is sentenced to imprisonment for a period of three years five months and 28 days. The...