VAN DER WESTHUIZEN J
(DPP). The Centre for Child Law was admitted as a friend of the Court (amicus
curiae).
[3]
It is trite that sentences may be interfered with on appeal only if the sentencing
court misdirected itself, or if the sentence is shockingly inappropriate. The main
question would be whether the sentencing of Mr Mpofu by the High Court constitutes
a misdirection. In order to determine this, however, some clarity is needed as to how
old he actually was at the time of the commission of the offences, what his age was in
the opinion of the High Court and whether the High Court adequately dealt with his
youthfulness in the sentencing process. If it is indeed found that a misdirection
occurred, or that a shockingly inappropriate sentence was imposed, the question
would arise whether this Court should set aside the sentence and replace it with
another. However, the very first issue to consider is whether it is in the interests of
justice to grant leave to appeal, given the circumstances of this case.
Background
[4]
In 2001 Mr Mpofu – with other accused – was convicted in the High Court of
murder
and
other
serious
offences,
committed
in
January
1998.
On
25 September 2001 he was sentenced to life imprisonment for the murder, as well as
to 28 years’ imprisonment for the other offences, to run concurrently with the life
term. Apparently he has served 13 years of his sentence.
3