Reno Moyo v The State

The appellant, Reno Moyo, was convicted on 10 January 2012 in the Specialised Commercial Crimes Court, Johannesburg, on 14 counts of theft involving a total amount of R1 358 912.50. Count 13 involved an amount exceeding R500 000 and attracted the minimum sentencing regime under the Criminal Law Amendment Act 105 of 1997. He received an effective sentence of 15 years’ imprisonment on count 13, with a non-parole period of two-thirds, and additional sentences on the remaining counts ordered to run concurrently. His application for leave to appeal against sentence was refused by the magistrate, and a subsequent petition for leave to appeal under s 309C of the Criminal Procedure Act was dismissed by the Gauteng Division of the High Court. He then sought special leave to appeal to the Supreme Court of Appeal against the High Court’s refusal.

The appeal was upheld. The order of the High Court refusing leave to appeal was set aside and replaced with an order granting the appellant leave to appeal against the effective sentence imposed.

The case reaffirms that a High Court’s refusal of leave to appeal under s 309C of the Criminal Procedure Act is appealable to the Supreme Court of Appeal with special leave. It also underscores the requirement that sentencing courts must afford accused persons an opportunity to be heard and provide reasons before imposing a non-parole period, reinforcing procedural fairness in sentencing.