South Africa: High Courts - Gauteng

IN THE NORTH GAUTENG HIGH COURT OF SOUTH AFRICA

PRETORIA

CASE NO: CC221/2005

DATE: 2008.02.25

In the matter between:

RAYMOND YUSA MARIMA................................................................Appellant

and

THE STATE.....................................................................................Respondent

JUDGMENT

C. J. CLAASSEN J:

1. The first accused in the court a quo has now applied for leave to appeal against the confirmation of his conviction and the sentence imposed by this court.

2. As far as the conviction is concerned, I am of the view that there is no merit in the application. The State’s evidence in the court a quo against the appellant is overwhelming. There is no reasonable prospect of another court overturning the conviction.

3. As far as the application for leave against the sentence is concerned, I am of the view that there is merit in this application. It seems to me that there is indeed a reasonable prospect that another court might view the youthful age of the applicant, at the time when the offence was committed, as a factor which is sufficiently in his favour and that the possibility of the force which was used may in effect have been duplicated for purpose of sentence. If another court is of such a view, then of course there would be reason to interfere with the sentence and for that reason leave to appeal should be granted.

4. I therefore make the following order:

   1. Leave to appeal the conviction is refused.

   2. Leave to appeal the sentence is granted.

   3. Such leave to appeal the sentence is granted to the full court of the Northern Gauteng High Court, Pretoria.

THUS DONE AND SIGNED AT JOHANNESBURG ON THIS DAY OF JUNE 2011..

_________________________

C.J.CLAASSEN

JUDGE OF THE HIGH COURT