Barlow v S (CC30/2003) [2011] ZAGPJHC 252 (1 April 2011)

Barlow v S (CC30/2003) [2011] ZAGPJHC 252 (1 April 2011)

Having considered the arguments and submissions from both counsel, the court finds that there is a reasonable possibility that another court may reach a different conclusion regarding the accused's guilt on the counts of murder and attempted murder, as well as the intention to permanently deprive the deceased of his firearm. Accordingly, leave to appeal against the convictions is granted.

Citation
[2011] ZAGPJHC 252
Parties
Appellant: Oeshwin Barlow; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
1 April 2011
Case Number
CC30/2003
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Conviction
Outcome
Leave to appeal against convictions is granted to the full bench of the South Gauteng High Court. The accused's bail is extended until finalisation of the appeal.
Judges
Mabesele
Legal Topics
Murder, Attempted Murder, Intention, Burden of Proof
Criminal Law Murder Attempted Murder Intention Burden of Proof

Case Brief

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Parties

Oeshwin Barlow

Appellant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the State proved the guilt of the accused beyond reasonable doubt on the counts of murder and attempted murder.
  2. 2 Whether the element of intention to permanently deprive the deceased of his firearm was proved beyond reasonable doubt.

Ratio Decidendi

Having considered the arguments and submissions from both counsel, the court finds that there is a reasonable possibility that another court may reach a different conclusion regarding the accused's guilt on the counts of murder and attempted murder, as well as the intention to permanently deprive the deceased of his firearm. Accordingly, leave to appeal against the convictions is granted.

Court Disposition

Leave to appeal against convictions is granted to the full bench of the South Gauteng High Court. The accused's bail is extended until finalisation of the appeal.

Orders

  • Leave to appeal against convictions is granted to the full bench of the South Gauteng High Court.
  • The accused's bail is extended until the appeal is finalised.