Essop v The State

The appellant, Moshina Essop, was employed by a firm of attorneys, Stowell and Company, and appeared in the regional court, Pietermaritzburg on 17 counts of theft of attorneys’ trust funds totalling R406 811.64. She pleaded guilty to all counts and was convicted. For purposes of sentence, all counts were taken together and she was sentenced to 10 years’ imprisonment, five years of which were suspended on condition that she was not convicted of theft during the period of suspension. Her application for leave to appeal against sentence was refused by the trial court. A subsequent petition to the Judge President of the KwaZulu-Natal Division for leave to appeal against sentence was also dismissed. She then sought leave to appeal to the Supreme Court of Appeal against the refusal of her petition.

The appeal succeeded. The order refusing the appellant leave to appeal was set aside and replaced with an order granting the appellant leave to appeal against the sentence imposed by the regional court to the KwaZulu-Natal Division, Pietermaritzburg.

The case reaffirms the test for granting leave to appeal in criminal matters, particularly following the refusal of a petition for leave to appeal. It underscores that courts must assess whether there are reasonable prospects of success, not decide the appeal itself. The judgment also highlights the constitutional obligation on sentencing courts to properly and independently consider the best interests of minor children and to meaningfully consider alternative sentencing options such as correctional supervision.