Arendse and Other v S (SS22/2009) [2011] ZAWCHC 147 (17 February 2011)
- Citation
- [2011] ZAWCHC 147
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Western Cape High Court, Cape Town
- Panel
- Hlophe JP
- Case number
- SS22/2009
More details
- Court
- Western Cape High Court, Cape Town
- Panel
- Hlophe JP
- Case number
- SS22/2009
On this page
Professional case brief
Research organized from the available case record
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
ApplicantWinston Charles Daniels
ApplicantRocco De Koker
ApplicantRichard Russel McKenna
ApplicantClint Wyngaardt
ApplicantSier Bronwyn Baron
ApplicantMogamat Damons
ApplicantRandall Bastiaan
ApplicantMohadien Jacobs
ApplicantThe State
Respondent03
Procedural history
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Western Cape High Court, Cape Town
Judgment
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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