IN THE REGIONAL COURT FOR THE REGION OF FREE STATE

HELD AT BETHLEHEM

CASE NUMBER: ASH

32/2017

In the Matter of:

LEBOHANG MASHININI APPELLANT

Versus

THE STATE RESPONDENT

NOTICE OF APPEAL

WHEREAS the Appellant on the 30 th of April 2018 was convicted on the charge of
Rape and sentence to Life imprisonment by the Learned Regional Magistrate H.
Van Niekerk, in Bethlehem Regional Court.

NOW THEREFOR the Appellant note his intention to Appeal against his
SENTENCE, respectfully submitted on the following grounds:

AD SENTENCE:

The grounds for the Application are:

1. That the Court erred in sentencing the Applicant to sentences that are
inappropriate and shocking in nature;

2. That the Court erred in over emphasizing the aggravating factors;

 2

3. That the Court erred in over emphasizing the interests of the society;

4. That the Court erred in not applying enough weight to Applicant’s

personal circumstances as mitigating factors, the fact that the
Appellant was a first offender, he is still young only 19 years old, he
was working part-time and earned income;

5. That the Court erred in not taking into account the element of
rehabilitation of the Appellant;

6. The Court by not taking into account the time the Appellant was in
prison awaiting trial;

7. The Court erred in not finding evidence place before it as compelling

and circumstantial and, thus to deviate from the prescribed minimum
sentences.

SIGNED AT BETHLEHEM ON THIS 7TH DAY OF MAY 2018.

_________
(Get.) JAP VAN DER MERWE
ATTORNEY FOR APPELLANT
BETHLEHEM LOCAL OFFICE
2ND Floor,
Naude Street 24
BETHLEHEM

TO: THE REGISTRAR

REGIONAL COURT
BETHLEHEM
 3

AND TO: THE DIRECTOR OF PUBLIC PROSECUTIONS

BETHLEHEM