Kriel v The State

The appellant was involved in a motor vehicle collision on 11 December 2004 while driving under the influence of alcohol. He crossed the barrier line after briefly falling asleep and collided with an oncoming vehicle, causing the deaths of two occupants and serious injury to a child. He pleaded guilty in the Vryheid Regional Court to driving under the influence of liquor and two counts of culpable homicide. He was sentenced to six years’ imprisonment for driving under the influence and eight years’ imprisonment (two years suspended) for culpable homicide, later ordered to run concurrently, resulting in an effective six-year sentence. His driver’s licence was suspended and he was declared unfit to possess a firearm. Leave to appeal against sentence was refused by the regional court and subsequently by the KwaZulu-Natal High Court, leading to an appeal to the Supreme Court of Appeal against the refusal of leave.

The appeal succeeded. The order of the KwaZulu-Natal High Court refusing leave to appeal was set aside and replaced with an order granting the appellant leave to appeal to the KwaZulu-Natal High Court against the sentence imposed by the regional court.

The case clarifies South African appellate procedure in criminal matters, confirming that the Supreme Court of Appeal may not hear the merits of an appeal from a regional court unless the High Court has already adjudicated it. It reinforces the correct test for leave to appeal—reasonable prospects of success—and provides guidance on sentencing considerations in cases involving driving under the influence and culpable homicide.