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Notice of Appeal MASHININI

The appellant, Lebohang Mashinini, was convicted of rape on April 30, 2018 and sentenced to life imprisonment. He is now appealing the sentence. The grounds for appeal include that the court overemphasized the seriousness of the offense and deterrence, and failed to properly consider mitigating factors such as the appellant being a first-time offender at age 19, having prospects for rehabilitation, educational background, part-time employment, and time already served in prison awaiting trial. The appellant argues the sentence of life imprisonment is too severe and requests a shorter term of imprisonment or suspended sentence.

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Jeremy van der Merwe
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669 views4 pages

Notice of Appeal MASHININI

The appellant, Lebohang Mashinini, was convicted of rape on April 30, 2018 and sentenced to life imprisonment. He is now appealing the sentence. The grounds for appeal include that the court overemphasized the seriousness of the offense and deterrence, and failed to properly consider mitigating factors such as the appellant being a first-time offender at age 19, having prospects for rehabilitation, educational background, part-time employment, and time already served in prison awaiting trial. The appellant argues the sentence of life imprisonment is too severe and requests a shorter term of imprisonment or suspended sentence.

Uploaded by

Jeremy van der Merwe
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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IN THE HIGH COURT OF SOUTH AFRICA

FREE STATE DIVISION, BLOEMFONTEIN

APPEAL NUMBER:

RC CASE NUMBER: ASH 32 / 2017

In the Appeal of:

LEBOHANG MASHININI APPELLANT

Versus

THE STATE RESPONDENT

NOTICE OF APPEAL

KINDLY NOTE THAT the Appellant herewith file an appeal against the sentenced
imposed on 30 April 2018.

The appellant was convicted and sentenced on 30 April 2018 as follows:

1.

1.1. One Count of Rape.

1.2. On 30th April 2017 the Appellant was convicted and sentenced as follows:
Life imprisonment in terms of section Sec 276 (1) (b) of Act 51/1977.

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2.

AD SENTENCE

It is respectfully submitted that another Court may reasonably come to the conclusion
that the Court a quo erred in one or more of the following:

2.1. The Court over-emphasised the:

a) The seriousness of the offences;


b) The interests of the society;
c) The prevalence of the offences;
d) The deterrent effect of the sentences.

2.2. It is submitted that the Court failed the Appellant on the following grounds:

2.3. The sentence is out of proportion to the totality of the accepted facts in mitigation

of sentence.

2.4. The Court failed by not imposing a shorter term of imprisonment, coupled or

further suspended sentence more particularly in view of the following factors:

2.5. The Appellant is a first offender and still young only 19 years old.

2.6. The Appellant has good prospects of being rehabilitated.

2.7. The mitigating facts inherent in the facts found to be proven.

2.8. The Appellant is educated, left school in Grade 12.

2.9. The Appellant had a part-time appointment at Mug and Bean earning R500 per

month.

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2.10. The Court erred by not taking into account the time the Appellant was in prison

awaiting trial.

2.11. The Court erred in not finding evidence place before it as compelling and

circumstantial and, thus to deviate from the prescribed minimum sentences.

3.

3.1. It is submitted that the sentence of life imprisonment is strikingly shocking and

inappropriate.

SIGNED AT BETHLEHEM ON THIS 11th DAY OF MAY 2018.

___________________________
(Get.) S KRUGER
ATTORNEY FOR APPELLANT
BLOEMFONTEIN OFFICE
2ND Floor, St Andrew Centre
St Andrew Street 113
BLOEMFONTEIN
C/O; BETHLEHEM LOCAL OFFICE
24 NAUDE STREET
BETHLEHEM
REG; JEREMY VAN DER MERWE

TO: THE CLERK OF THE REGIONAL COURT


BETHLEHEM

TO: THE REGISTRAR


HIGH COURT (FREE STATE DIVISION)
BLOEMFONTEIN

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AND TO: THE DIRECTOR OF PUBLIC PROSECUTIONS
BLOEMFONTEIN

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