Barlow v S (CCT233/15) [2017] ZACC 27; 2017 (2) SACR 535 (CC); 2017 (11) BCLR 1357 (CC) (3 August 2017)

Barlow v S (CCT233/15) [2017] ZACC 27; 2017 (2) SACR 535 (CC); 2017 (11) BCLR 1357 (CC) (3 August 2017)

The Constitutional Court held that although there were inaccuracies and omissions in the trial and Full Court judgments, these did not materially prejudice the applicant's rights to a fair trial or to be informed of the charges. The trial court's errors were inadvertent and did not affect the substance of the convictions or sentences. The Full Court failed to expressly consider the appeal against the theft conviction, but this did not affect the effective sentence imposed, as the sentences for theft and related counts ran concurrently. There were no prospects of success on the constitutional issues raised, and it was not in the interests of justice to grant leave to appeal. The...

Citation
[2017] ZACC 27
Parties
Applicant: Deshwin Barlow; Respondent: The State
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
3 August 2017
Case Number
CCT233/15
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Constitutional Court From the Full Court of the High Court, Gauteng Local Division, Johannesburg
Outcome
Application for leave to appeal dismissed.
Judges
Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Mojapelo, Pretorius, Zondo
Legal Topics
Fair Trial Rights, Right to Appeal, Section 35 Constitution, Conviction and Sentence, Judicial Reasoning Errors
Criminal Law Constitutional Law Fair Trial Rights Right to Appeal Section 35 Constitution Conviction and Sentence Judicial Reasoning Errors

Case Brief

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Parties

Deshwin Barlow

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Constitutional Court From the Full Court of the High Court, Gauteng Local Division, Johannesburg

Legal Issues

  1. 1 Whether the applicant's right to a fair trial was infringed by inaccuracies and omissions in the trial and appeal judgments.
  2. 2 Whether the applicant's right to be informed of the charge with sufficient detail was violated.
  3. 3 Whether the applicant's right to appeal was denied by the Full Court's failure to consider all convictions, particularly theft.

Ratio Decidendi

The Constitutional Court held that although there were inaccuracies and omissions in the trial and Full Court judgments, these did not materially prejudice the applicant's rights to a fair trial or to be informed of the charges. The trial court's errors were inadvertent and did not affect the substance of the convictions or sentences. The Full Court failed to expressly consider the appeal against the theft conviction, but this did not affect the effective sentence imposed, as the sentences for theft and related counts ran concurrently. There were no prospects of success on the constitutional issues raised, and it was not in the interests of justice to grant leave to appeal. The...

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.