Masango and Another v The State

The two appellants were convicted in the Regional Court, Soweto, of robbery with aggravating circumstances in terms of s 51(2) of the Criminal Law Amendment Act 105 of 1997. The robbery occurred on 1 December 2015 at a residence in Randfontein, where the complainant, Ms Wendy Ndlovu, a housekeeper, was deceived into allowing the appellants entry under the guise of installing air-conditioning. She was assaulted, tied up, and various items including a red BMW 3 Series motor vehicle were stolen. The appellants were found by police within hours dismantling the stolen BMW. Both appellants were convicted; the first appellant was sentenced to 20 years’ imprisonment and the second to 15 years. Leave to appeal against conviction and sentence was refused by the regional court and subsequently by the Gauteng Division of the High Court on petition in terms of s 309C of the Criminal Procedure Act 51 of 1977. The appellants then sought special leave to appeal to the Supreme Court of Appeal, limited to whether the High Court erred in refusing leave to appeal.

The application for leave to appeal against the refusal of the petition on the convictions of both appellants was dismissed, and the first appellant’s application for leave to appeal against the refusal of the petition on sentence was refused.

The judgment reinforces settled principles governing appeals from lower courts, particularly the limited jurisdiction of the Supreme Court of Appeal where only leave to appeal against the refusal of a petition is granted. It affirms the strict test for reasonable prospects of success, the cautious approach to dock identification, and the continued importance of the doctrine of recent possession in corroborating identification evidence in robbery cases.