About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Free State High Court, Bloemfontein
SAFLII
>>
Databases
>>
South Africa: Free State High Court, Bloemfontein
>>
2013
>>
[2013] ZAFSHC 208
|
|
Moloi v S (A130/2013) [2013] ZAFSHC 208 (31 October 2013)
IN THE HIGH COURT
OF SOUTH AFRICA
FREE STATE
DIVISION, BLOEMFONTEIN
Appeal No. : A130/2013
In
the matter between:-
LEQHEKU
LUCAS MOLOI
.......................................................
Applicant
and
THE
STATE
..........................................................................
Respondent
CORAM:
KRUGER
et
MOCUMIE, JJ
JUDGMENT BY:
KRUGER, J
DELIVERED ON:
31 OCTOBER 2013
JUDGMENT: APPLICATION
FOR LEAVE TO APPEAL
[1] This is an
application for leave to appeal against our judgment dismissing the
applicant’s appeal against the sentence
imposed on him in the
Bloemfontein Regional Court.
[2] The legal
representatives of the accused and the State agreed that they would
lodge written submissions and that the application
for leave to
appeal could be disposed of in chambers. On behalf of the applicant
Mr van Biljon filed written argument and Mr Bontes
filed his
submissions on behalf of the respondent.
[3] Applicant was
convicted of corruption in that as an Assistant Director/Manager in
the Department of Health, a public officer,
he agreed to accept
R100 000.00 from a tenderer so as to tamper with and influence
the awarding of the tender. The regional
court sentenced applicant to
three years imprisonment.
[4] Mr van Biljon
contends, as he did at the hearing of the appeal, that the applicant
should have been sentenced to correctional
supervision under
section
276(1)(h)
of the
Criminal Procedure Act 51 of 1977
. Mr van Biljon
submits that all the circumstances must be taken into account. He
says the applicant is capable of rehabilitation
and does not pose any
danger to the community. He says the court overemphasised the
seriousness of the offence and paid too little
attention to the
personal circumstances of the applicant.
[5] Mr Bontes points out
that the sentencing discretion lies primarily with the trial court.
Corruption is a serious offence. No
misdirections were made and the
sentence is not shockingly inappropriate.
[6] In our view there are
no reasonable prospects that another court can come to a different
conclusion. The application for leave
to appeal is refused.
____________
KRUGER, J
I concur.
_______________
B.C. MOCUMIE, J
On behalf of applicant:
Mr S.J. van Biljon
Instructed
by:
J.G.
Kriek & Cloete
BLOEMFONTEIN
On
behalf of respondent: Adv D.W. Bontes
Instructed
by:
Director
of Public Prosecutions
BLOEMFONTEIN
/spieterse