South Africa: North West High Court, Mafikeng

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[2016] ZANWHC 48
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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