Barnard v S (P87/11) [2011] ZAFSHC 201 (8 December 2011)

Barnard v S (P87/11) [2011] ZAFSHC 201 (8 December 2011)

The court found that there are reasonable prospects that another court may reach a different conclusion regarding the dismissal of the applicant's petition for leave to appeal. The applicant raised several grounds indicating possible misdirection by the trial court in evaluating the evidence and in its approach to sentencing. Given these prospects, and in accordance with established precedent, leave to appeal to the Supreme Court of Appeal was granted.

Citation
[2011] ZAFSHC 201
Parties
Appellant: Morné Barnard; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
8 December 2011
Case Number
P87/11
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Dismissal of Petition Under Section 309 C of the Criminal Procedure Act
Outcome
Leave to appeal to the Supreme Court of Appeal against the dismissal of the petition is granted.
Judges
Hancke, Kruger
Legal Topics
Leave to Appeal, Rape Conviction, Minimum Sentencing, Evaluation of Evidence, Misdirection, Substantial and Compelling Circumstances
Criminal Law Leave to Appeal Rape Conviction Minimum Sentencing Evaluation of Evidence Misdirection Substantial and Compelling Circumstances

Case Brief

Summary, issues, holding and outcome

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Parties

Morné Barnard

Appellant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Dismissal of Petition Under Section 309 C of the Criminal Procedure Act

Legal Issues

  1. 1 Whether there are reasonable prospects that another court may reach a different conclusion regarding the dismissal of the petition for leave to appeal.
  2. 2 Whether the trial court misdirected itself in evaluating the evidence and in its approach to the complainant's testimony.
  3. 3 Whether the sentence imposed is unduly excessive and whether substantial and compelling circumstances exist to justify a lesser sentence.

Ratio Decidendi

The court found that there are reasonable prospects that another court may reach a different conclusion regarding the dismissal of the applicant's petition for leave to appeal. The applicant raised several grounds indicating possible misdirection by the trial court in evaluating the evidence and in its approach to sentencing. Given these prospects, and in accordance with established precedent, leave to appeal to the Supreme Court of Appeal was granted.

Court Disposition

Leave to appeal to the Supreme Court of Appeal against the dismissal of the petition is granted.

Orders

  • Leave is granted to the applicant to appeal to the Supreme Court of Appeal against the dismissal of his petition.