Muller v The State

The appellant was convicted in the Regional Court at Mothibistadt on two counts of theft of cattle. On appeal to the Bophuthatswana High Court, the theft convictions were set aside and replaced with convictions for possession of suspected stolen property in contravention of section 2 of the Stock Theft Act 57 of 1959. The appellant had been found in possession of eight stolen cattle which he intended to sell at an auction. When confronted by the police, he produced a document purporting to show purchase from one Simon Morake, but evidence showed this explanation was false. The appellant did not testify. The High Court imposed a sentence of four years’ imprisonment, half of which was suspended. The appellant appealed to the Supreme Court of Appeal against the sentence only.

The appeal against sentence was dismissed.

The case reaffirms the limited scope of appellate interference in sentencing matters in South African criminal law and confirms that the absence of express reference to mitigating factors does not, on its own, establish a misdirection. It also highlights the seriousness with which offences under the Stock Theft Act are treated.