South Africa: North Gauteng High Court, Pretoria

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION. PRETORIA

Case number: P126/2012

Date: 9 June 2014

In the matter between:

MZAWAKHE THOMAS GAMA.............................................................................................Appellant

and

THE STATE......................................................................................................................Respondent

JUDGMENT

PRETORIUS J.

[1] The court has considered the leave to appeal against refusal of petition.

[2] This court has considered the magistrate’s comprehensive judgment on the facts and the sentence. The court finds that there is no reasonable possibility that another court will come to a different conclusion on both conviction and sentence.

[3] The court cannot find that the magistrate erred when convicting and sentencing the applicant.

[4] The applicant’s leave to appeal against the refusal of the petition is dismissed against both conviction and sentence.

C Pretorius

Judge of the High Court

I agree,

R G Tolmay

Judge of the High Court

Case number:P126/2012

Heard on: 9 June 2014

For the Appellant: Adv Nel

Instructed by: Legal Aid South Africa

For the Respondent: Adv Coetzer

Instructed by: Director of Public Prosecutions

Date of Judgment: 9 June 2014