Jan Farmer v Die Staat

The appellant, Jan Farmer, was tried in the Welkom magistrates’ court on two counts of assault with intent to do grievous bodily harm. The charges arose from an incident on 8 February 1998 at the Bell-Air club in Bronville, where he stabbed two complainants with a knife. He pleaded not guilty and did not provide a plea explanation. The complainants and the appellant were the only witnesses. He was convicted on 13 May 1998 and sentenced on 26 August 1998 to nine months’ imprisonment on each count, three months of each sentence conditionally suspended, resulting in an effective sentence of 12 months’ imprisonment. The appellant intended to appeal against sentence but filed his notice of appeal late. He applied for condonation in the Free State Provincial Division, which was refused on the basis that there were no reasonable prospects of success on appeal. He then appealed to the Supreme Court of Appeal against the refusal of condonation.

The appeal against the refusal of condonation was dismissed, with the result that the refusal of condonation and the original sentence of imprisonment remained intact.

The case is significant for clarifying appellate procedure in criminal matters where condonation for late noting of an appeal is sought and the only dispute concerns prospects of success. It highlights the procedural anomaly identified in S v Gopal and underscores the importance of dealing substantively with the merits in such circumstances. Substantively, it reaffirms principles governing appellate interference with sentence and the careful, non-automatic use of correctional supervision as a sentencing option.