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

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

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.

Citation
[2011] ZAWCHC 147
Parties
Applicant: 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; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
17 February 2011
Case Number
SS22/2009
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal against both conviction and sentence is granted to the Full Bench of this Division.
Judges
Hlophe JP
Legal Topics
Leave to Appeal, Conviction, Sentence
Criminal Law Leave to Appeal Conviction Sentence

Case Brief

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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

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal against conviction and sentence should be granted.

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.

Orders

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