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South Africa: Western Cape High Court, Cape Town
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[2010] ZAWCHC 419
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Pietersen v S (SS183/2000) [2010] ZAWCHC 419 (8 June 2010)
IN
THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH
COURT, CAPE TOWN)
CASE
NUMBER: SS183/2000
DATE:
8 JUNE 2010
In
the matter between:
H
PIETERSEN
…..................................................................................
Applicant
and
THE
STATE
….................................................................................
Respondent
JUDGMENT
Application
for Leave to Appeal
HLOPHE.
JP:
This
is an application for leave to appeal against the sentence imposed
by my esteemed colleague, Mr Justice Van Zyl, now retired.
The
accused, Mr Pietersen, is appearing in person. Therefore he was
unable to formally apply for condonation for the late filing
of the
notice of appeal. He has been given a hearing to argue his appeal in
court, which application was vehemently opposed by
the State, State
being represented by Advocate
Boovsen
.
who highlighted the fact that the accused, together with others,
were involved in a crime spree and they murdered four innocent
human
beings, purely for financial gain during that time. The fact that
even though the accused was also sentenced to life imprisonment
with
regard to other counts, as far as life imprisonment is concerned, it
will obviously be served concurrently.
After
carefully listening to Mr Pietersen and after taking into account
the arguments carefully advanced by Ms
Boovsen
.
who appeared for the State, I am satisfied that there is no other
court which can come to a different conclusion. It follows,
therefore, that the following order should be made:
Application for
condonation for the late filing of an appeal is hereby refused.
Application for leave to
appeal against sentence imposed by Mr Justice Van Zyl, is similarly
refused.
HLOPE,
JP