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    Notice of Appeal MASHININI

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    Jeremy van der Merwe
    The appellant, Lebohang Mashinini, was convicted of rape on April 30, 2018 and sentenced to life imprisonment. He is now appealing the sentence. The grounds for appeal include that the court overemphasized the seriousness of the offense and deterrence, and failed to properly consider mitigating factors such as the appellant being a first-time offender at age 19, having prospects for rehabilitation, educational background, part-time employment, and time already served in prison awaiting trial. The appellant argues the sentence of life imprisonment is too severe and requests a shorter term of imprisonment or suspended sentence.

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    Notice of Appeal MASHININI

    Uploaded by

    Jeremy van der Merwe
    334 views4 pages
    The appellant, Lebohang Mashinini, was convicted of rape on April 30, 2018 and sentenced to life imprisonment. He is now appealing the sentence. The grounds for appeal include that the court overemphasized the seriousness of the offense and deterrence, and failed to properly consider mitigating factors such as the appellant being a first-time offender at age 19, having prospects for rehabilitation, educational background, part-time employment, and time already served in prison awaiting trial. The appellant argues the sentence of life imprisonment is too severe and requests a shorter term of imprisonment or suspended sentence.

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    The appellant, Lebohang Mashinini, was convicted of rape on April 30, 2018 and sentenced to life imprisonment. He is now appealing the sentence. The grounds for appeal include that the court overemphasized the seriousness of the offense and deterrence, and failed to properly consider mitigating factors such as the appellant being a first-time offender at age 19, having prospects for rehabilitation, educational background, part-time employment, and time already served in prison awaiting trial. The appellant argues the sentence of life imprisonment is too severe and requests a shorter term of imprisonment or suspended sentence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    334 views4 pages

    Notice of Appeal MASHININI

    Uploaded by

    Jeremy van der Merwe
    The appellant, Lebohang Mashinini, was convicted of rape on April 30, 2018 and sentenced to life imprisonment. He is now appealing the sentence. The grounds for appeal include that the court overemphasized the seriousness of the offense and deterrence, and failed to properly consider mitigating factors such as the appellant being a first-time offender at age 19, having prospects for rehabilitation, educational background, part-time employment, and time already served in prison awaiting trial. The appellant argues the sentence of life imprisonment is too severe and requests a shorter term of imprisonment or suspended sentence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    IN THE HIGH COURT OF SOUTH AFRICA

    FREE STATE DIVISION, BLOEMFONTEIN

    APPEAL NUMBER:

    RC CASE NUMBER: ASH 32 / 2017

    In the Appeal of:

    LEBOHANG MASHININI APPELLANT

    Versus

    THE STATE RESPONDENT

    NOTICE OF APPEAL

    KINDLY NOTE THAT the Appellant herewith file an appeal against the sentenced
    imposed on 30 April 2018.

    The appellant was convicted and sentenced on 30 April 2018 as follows:

    1.

    1.1. One Count of Rape.

    1.2. On 30th April 2017 the Appellant was convicted and sentenced as follows:
    Life imprisonment in terms of section Sec 276 (1) (b) of Act 51/1977.

    1
    2.

    AD SENTENCE

    It is respectfully submitted that another Court may reasonably come to the conclusion
    that the Court a quo erred in one or more of the following:

    2.1. The Court over-emphasised the:

    a) The seriousness of the offences;


    b) The interests of the society;
    c) The prevalence of the offences;
    d) The deterrent effect of the sentences.

    2.2. It is submitted that the Court failed the Appellant on the following grounds:

    2.3. The sentence is out of proportion to the totality of the accepted facts in mitigation

    of sentence.

    2.4. The Court failed by not imposing a shorter term of imprisonment, coupled or

    further suspended sentence more particularly in view of the following factors:

    2.5. The Appellant is a first offender and still young only 19 years old.

    2.6. The Appellant has good prospects of being rehabilitated.

    2.7. The mitigating facts inherent in the facts found to be proven.

    2.8. The Appellant is educated, left school in Grade 12.

    2.9. The Appellant had a part-time appointment at Mug and Bean earning R500 per

    month.

    2
    2.10. The Court erred by not taking into account the time the Appellant was in prison

    awaiting trial.

    2.11. The Court erred in not finding evidence place before it as compelling and

    circumstantial and, thus to deviate from the prescribed minimum sentences.

    3.

    3.1. It is submitted that the sentence of life imprisonment is strikingly shocking and

    inappropriate.

    SIGNED AT BETHLEHEM ON THIS 11th DAY OF MAY 2018.

    ___________________________
    (Get.) S KRUGER
    ATTORNEY FOR APPELLANT
    BLOEMFONTEIN OFFICE
    2ND Floor, St Andrew Centre
    St Andrew Street 113
    BLOEMFONTEIN
    C/O; BETHLEHEM LOCAL OFFICE
    24 NAUDE STREET
    BETHLEHEM
    REG; JEREMY VAN DER MERWE

    TO: THE CLERK OF THE REGIONAL COURT


    BETHLEHEM

    TO: THE REGISTRAR


    HIGH COURT (FREE STATE DIVISION)
    BLOEMFONTEIN

    3
    AND TO: THE DIRECTOR OF PUBLIC PROSECUTIONS
    BLOEMFONTEIN

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