De Klerk v The State

The appellant, Pieter Cornelius de Klerk, was convicted in the Regional Court, Boksburg of murder with direct intent arising from a street altercation on 27 December 2018 in Reiger Park, Boksburg. During a fight involving the deceased and others throwing stones in a public street, the deceased returned armed with a half-brick. De Klerk confronted him to prevent further stone throwing. A scuffle ensued after the deceased grabbed De Klerk’s firearm, during which a shot was discharged and fatally wounded the deceased. De Klerk claimed the shooting was accidental. He was sentenced to 15 years’ imprisonment under the minimum sentencing regime. Leave to appeal was refused by both the regional court and the Gauteng Local Division of the High Court, prompting an appeal to the Supreme Court of Appeal.

The appeal succeeded. The order of the High Court refusing leave to appeal was set aside and substituted with an order granting the appellant leave to appeal against both conviction and sentence to the Gauteng Division of the High Court, Johannesburg.

The case reaffirms the limited role of the Supreme Court of Appeal when dealing with appeals against refusals of leave to appeal, emphasising the ‘reasonable prospects of success’ test. It also underscores the importance of properly motivating findings on intent in murder cases and of adequately considering mitigating factors and proportionality in sentencing under the minimum sentence regime.