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Van Eck v S (CC29/2013) [2016] ZANWHC 48 (4 August 2016)

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IN THE HIGH COURT OF SOUTH AFRICA

NORTH WEST PROVINCIAL DIVISION, MAHIKENG

CASE NO: CC 29/2013

In the matter between:

COLLIN RAYMOND VAN ECK                                                         APPLICANT

and

THE STATE                                                                                   RESPONDENT

JUDGMENT ON LEAVE TO APPEAL

Landman J:

[1] Collin Raymond Van Eck applies for leave to appeal to the Full Bench of this Division against the sentence of 25 years imprisonment imposed for murder and ‘5 years’ imprisonment for theft that I imposed on 21 December 2013.

[2] The application is late but the delay has been satisfactorily explained. Should there be merit in the application for leave to appeal I would be prepared to grant condonation.

[3] I turn to consider whether there are reasonable prospects that an appeal would be successful.

[4] Leave to appeal is sought to appeal against a sentence of ‘5 years’ imprisonment for theft. The applicant was not sentenced to 5 years imprisonment. The applicant was sentenced to 3 years imprisonment on this count. I am of the view that another court would not reasonably find this to be shocking.

[5] The applicant complains that the sentence in respect of theft (3 years imprisonment) was not ordered to run concurrently with the sentence of 25 years imprisonment imposed in respect of murder. The applicant and his counsel are again mistaken. I ordered that:

The sentences are to run concurrently. Effective sentence is 25 years imprisonment.’

[6] I am not convinced that another court would reasonably come to a different conclusion as regards this sentence.

[7] In the result the application for condonation is refused.

 

A A Landman

Judge of the High Court



Appearances

 

Date of hearing:                        29 July 2016

Date of Judgment:                    4 August 2016

For the Applicant:                        Adv Gonyane

For the Respondent:                  Adv Munyai