Mchunu v The State

The appellant, Philane Sihle Mchunu, was tried in the regional court, Piet Retief, together with three co-accused on 18 counts arising from a bank robbery committed on 25 August 2003 in Amsterdam, Mpumalanga. He was convicted on 15 September 2005 of robbery with aggravating circumstances (count 1), three counts of attempted murder (counts 12–14, taken together for sentence), and malicious injury to property (count 18). He was sentenced to 15 years’ imprisonment for robbery, eight years’ imprisonment for attempted murder, and four years’ imprisonment for malicious injury to property. His applications for leave to appeal were refused by the regional magistrate and subsequently by the North Gauteng High Court. He then petitioned the Supreme Court of Appeal for leave to appeal, limited to his conviction and sentence on count 18.

The appeal was upheld. Paragraph 2 of the North Gauteng High Court’s order of 4 June 2014 was set aside and replaced with an order granting the appellant leave to appeal to the Gauteng Division of the High Court, Pretoria, against his conviction and sentence on count 18 only.

The case reaffirms the principle that leave to appeal must be granted where there are reasonable prospects of success, particularly in circumstances involving possible duplication of charges. It also illustrates the Supreme Court of Appeal’s role in correcting unjustified refusals of leave to appeal by lower courts in criminal matters.