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South Africa Judgment

Western Cape High Court, Cape Town

Arendse and Other v S (SS22/2009) [2011] ZAWCHC 147 (17 February 2011)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court found that the applicants demonstrated reasonable prospects of success on appeal regarding both conviction and sentence. Accordingly, leave to appeal was granted to the Full Bench of the Division.

Court disposition

Leave to appeal against both conviction and sentence is granted to the Full Bench of this Division.

Orders

  • Leave to appeal against conviction and sentence is granted to the Full Bench of this Division.

02

Material facts

Parties

Chris Arendse

Applicant

Winston Charles Daniels

Applicant

Rocco De Koker

Applicant

Richard Russel McKenna

Applicant

Clint Wyngaardt

Applicant

Sier Bronwyn Baron

Applicant

Mogamat Damons

Applicant

Randall Bastiaan

Applicant

Mohadien Jacobs

Applicant

The State

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal

04

Questions and positions

Legal issues

Whether leave to appeal against conviction and sentence should be granted.

Party arguments

Applicant
The applicants seek leave to appeal both their convictions and sentences, contending that there are reasonable prospects of success on appeal.
Respondent
The State opposes the application, arguing that the convictions and sentences are justified and that there are no reasonable prospects of success on appeal.

05

Court’s reasoning

  1. 01

    Section 316 of the Criminal Procedure Act 51 of 1977

    Leave to appeal should be granted if there are reasonable prospects that another court may come to a different conclusion.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the applicants demonstrated reasonable prospects of success on appeal regarding both conviction and sentence. Accordingly, leave to appeal was granted to the Full Bench of the Division.

Court disposition

Leave to appeal against both conviction and sentence is granted to the Full Bench of this Division.

  • Leave to appeal against conviction and sentence is granted to the Full Bench of this Division.

Source and reliance status

Western Cape High Court, Cape Town

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Judgment text

The complete available source text.

Source document

Western Cape High Court, Cape Town

Judgment

[2011] ZAWCHC 147

IN THE

HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT, CAPE TOWN)

CASE NUMBER: SS22/2009DATE: 17 FEBRUARY 2011

In the matter between:

CHRIS

ARENDSE …......................................................................1st Applicant

WINSTON

CHARLES DANIELS …................................................2nd Applicant

ROCCO

DE KOKER …...................................................................3rd Applicant

RICHARD

RUSSEL MCKENNA ….................................................4th Applicant

CLINT

WYNGAARDT ….................................................................5th Applicant

SIER

BRONWYN BARON …..........................................................6th Applicant

MOGAMAT

DAMONS …................................................................7th Applicant

RANDALL

BASTIAAN ….................................................................8th Applicant

MOHADIEN

JACOBS …..................................................................9thApplicantand

THE

STATE ….................................................................................Respondent

JUDGMENT

(Application for leave to appeal)

HLOPHE, JP:

The application for leave to appeal against both conviction and sentence is granted. Accordingly leave is granted to the Full Bench of this Division.

HLOPHE, JP

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Criminal Procedure Act 51 of 1977

Legislation

Legislation referenced in the available case record.

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