Carneiro v S (A125/2010) [2018] ZAGPJHC 66 (28 March 2018)

Carneiro v S (A125/2010) [2018] ZAGPJHC 66 (28 March 2018)

The court found that, given the concession by the applicant's counsel that the applicant shot and killed the deceased, the only remaining issue was whether his conduct amounted to culpable homicide. The respondent acknowledged the possibility that another court could reach a different conclusion on this issue. Applying the established test for leave to appeal, the court determined that there were reasonable prospects of success on appeal. Consequently, leave to appeal was granted to the Supreme Court of Appeal, and the applicant's bail was extended pending the outcome of the appeal.

Citation
[2018] ZAGPJHC 66
Parties
Applicant: Carneiro Jose Pedro Marais; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 March 2018
Case Number
A125/2010
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Conviction
Outcome
Leave to appeal granted to the Supreme Court of Appeal; applicant's bail extended pending the outcome of the appeal.
Judges
Moshidi, Nicholls
Legal Topics
Leave to Appeal, Culpable Homicide, Reasonable Prospects of Success, Bail Extension
Criminal Law Leave to Appeal Culpable Homicide Reasonable Prospects of Success Bail Extension

Case Brief

Summary, issues, holding and outcome

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Parties

Carneiro Jose Pedro Marais

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether there are reasonable prospects of success on appeal against the conviction.
  2. 2 Whether the applicant's conduct amounts to culpable homicide based on the objective evidence.
  3. 3 Whether the applicant's bail should be extended pending the outcome of the appeal.

Ratio Decidendi

The court found that, given the concession by the applicant's counsel that the applicant shot and killed the deceased, the only remaining issue was whether his conduct amounted to culpable homicide. The respondent acknowledged the possibility that another court could reach a different conclusion on this issue. Applying the established test for leave to appeal, the court determined that there were reasonable prospects of success on appeal. Consequently, leave to appeal was granted to the Supreme Court of Appeal, and the applicant's bail was extended pending the outcome of the appeal.

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal; applicant's bail extended pending the outcome of the appeal.

Orders

  • Leave is granted to the Supreme Court of Appeal.
  • The applicant's bail is extended pending the outcome of the appeal.