- S v Appolis, Case no: A91/2021, dated 1 June 2021, High Court, Cape Town (WCC)
Mr Renaldo Appolis, the accused, was convicted in the Kuils River regional court, sitting at Blue Downs in the Cape Peninsula, on one count of premeditated murder, and two counts of attempted murder. On 27 September 2018, the accused was sentenced to life incarceration on the murder count, and 15 years’ incarceration on each of the two attempted murder counts.
Note that the murder count took place on 26 March 2016, while the two attempted murder counts relate to an entirely separate incident which took place on 29 March 2016.
After being sentenced by the regional court, the accused appealed to the High Court in Cape Town against ALL the convictions and sentences imposed by the regional court. Bear in mind that in terms of section 309(1)(a) of the Criminal Procedure Act 51 of 1977, an accused convicted of murder by a regional court, has an automatic right of appeal. However, in respect of the attempted murder counts the accused required the usual leave to appeal which he, by the way, did not have. Accordingly, the High Court held that it was confined (Afrikaans: “beperk”) to dealing only with the appeal against the conviction and sentence in respect of the murder count.
According to the evidence presented before the regional court, the accused went to the house of the deceased in the suburb of Delft where he shot and killed the deceased. According to the subsequent post-mortem report, the deceased succumbed to two gunshot wounds to his neck.