Albertus en Ander v S (SS14/2008) [2007] ZAWCHC 329 (20 February 2008)

Albertus en Ander v S (SS14/2008) [2007] ZAWCHC 329 (20 February 2008)

The court considered the grounds on which the applications for leave to appeal were based, as well as the arguments presented by counsel for both applicants and the respondent. The judgment of the magistrate and his additional reasons were also reviewed. The court found that, in light of the reasons already provided by the magistrate in his judgment and the reasons contained in the court's own brief judgment on the merits and sentence, it was not convinced that another court would reach a different conclusion regarding either the conviction or the sentence. Accordingly, both applications for leave to appeal were dismissed.

Citation
[2007] ZAWCHC 329
Parties
Applicant: Albert Albertus; Applicant: Ricardo Titus; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
20 February 2008
Case Number
SS14/2008
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Both applications for leave to appeal are dismissed.
Judges
Fourie R
Legal Topics
Leave to Appeal, Murder Conviction, Sentence Appeal, Reasonable Prospect of Success
Criminal Law Leave to Appeal Murder Conviction Sentence Appeal Reasonable Prospect of Success

Case Brief

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Parties

Albert Albertus

Applicant

Ricardo Titus

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court would reach a different conclusion regarding the conviction for murder.
  2. 2 Whether there is a reasonable prospect that another court would reach a different conclusion regarding the sentence imposed on the first applicant.

Ratio Decidendi

The court considered the grounds on which the applications for leave to appeal were based, as well as the arguments presented by counsel for both applicants and the respondent. The judgment of the magistrate and his additional reasons were also reviewed. The court found that, in light of the reasons already provided by the magistrate in his judgment and the reasons contained in the court's own brief judgment on the merits and sentence, it was not convinced that another court would reach a different conclusion regarding either the conviction or the sentence. Accordingly, both applications for leave to appeal were dismissed.

Court Disposition

Both applications for leave to appeal are dismissed.

Orders

  • The applications for leave to appeal by both applicants are dismissed.