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[2009] ZAGPPHC 338
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Machaba v S (A1441/2005) [2009] ZAGPPHC 338 (30 March 2009)
IN
THE HIGH COURT OF SOUTH AFRICA
(NORTH
GAUTENG HIGH COURT. PRETORIA)
CASE
NO: A1441/2005
DATE:
2009-03-30
In
the matter between
LORDWICK
MACHABA Applicant
And
THE
STATE Respondent
JUDGMENT
(LEAVE TO APPEAL)
PRELLER.
J
:
We
have read the application for leave to appeal. There is no prospect
of success on the merits and Mr de Vos quite fairly conceded
that. As
far as the sentence is concerned there would be a strong case to be
made out for a sentence of correctional supervision,
if only the
personal circumstances of the appellant were to be taken into
account.
Unfortunately this is the type
of offence in which both the public and the administration of justice
have a vital interest.
As
was pointed out by the Magistrate and also in our judgment on appeal,
this type of offence threatens the very core of our criminal
justice
system. I do not think that there is any prospect that another court
might come to a different conclusion as far as sentence
is concerned,
and if anything, I am of the view that if the Magistrate erred in
respect of the sentence, she erred on the side
of the leniency. In my
view there is no prospect of success on appeal and the application
should be dismissed.
MOTHLE.
A.J: I agree.
PRELLER.
J: It is so
ordered.
COURT
ADJOURNS