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[2023] ZAGPJHC 394
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Jossia v S (SS134/2011) [2023] ZAGPJHC 394 (21 April 2023)
IN THE HIGH COURT OF SOUTH
AFRICA
GAUTENG LOCAL DIVISION,
JOHANNESBURG
CASE NO
: SS134/2011
NOT REPORTABLE
NOT OF INTEREST TO OTHER JUDGES
In
the matter between
MASSINGYE JULIUS
JOSSIA
Applicant
and
THE STATE
Respondent
Neutral Citation
: Massingye
Julius Jossia v The State (Case No: SS134/2011) [2023] ZAGPJHC 394
(21 April 2023)
J U D G M E N T
Leave to Appeal
VALLY
J
:Before me is an application for
leave to on conviction and sentence.
On conviction
The applicant claims that judgment
contains numerous misdirections, which call for the attention of
another court. Upon scrutinising
the claims, it became clear to me
that the applicant merely repeats each of his contentions made at the
trial. All of them have
been fully dealt with in the judgment. The
applicant remains convinced that his claims should have been accepted
regardless of
the fact that the testimonies of more than one witness
demonstrated that his claims were baseless. I accordingly find that
there
is no misdirection and there is therefore no basis to claim
that another court invested with the facts presented at the trial
would
come to a conclusion different to the one I and my learned
assessors arrived at.
On sentence
On the issue of the sentence imposed
it was argued I failed to have adequate regard to the fact that it
was the first offence committed
by a very young man and that I over-
emphasised the gravity of the offence. Once again, I have to
disagree. These facts were taken
into account. They were found not to
be compelling and substantial. There was, therefore, nothing before
court to warrant a departure
from the minimum sentence recommended by
the legislature. And no other court, in my view, would come to a
different conclusion.
Accordingly, the application for leave
to appeal against both conviction and sentence is dismissed.
VALLYJ
Date of signature: 21 April 2023