Clensie and Another v S (A2/2021) [2021] ZAGPPHC 694 (30 August 2021)

Clensie and Another v S (A2/2021) [2021] ZAGPPHC 694 (30 August 2021)

The court held that the appellants failed to establish exceptional circumstances justifying bail pending appeal as required for Schedule 6 offences. The appellants' compliance with bail conditions prior to conviction did not outweigh the increased risk of abscondment following conviction and sentence to lengthy imprisonment. The lower court did not commit a procedural irregularity by not allowing the appellants' attorney to address the court after affidavits were read, as such address is not evidence under section 60(2)(c) of the Criminal Procedure Act. The child witness was found competent, and her evidence was not undermined by minor inconsistencies. The prospects of success on appeal...

Citation
[2021] ZAGPPHC 694
Parties
Appellant: Willem Jacobus Clensie; Appellant: Zandri Clensie; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 August 2021
Case Number
A2/2021
Procedural Posture
Bail Pending Appeal / Appeal Against Refusal of Bail After Conviction and Sentence
Outcome
Appeal against refusal of bail pending appeal is dismissed.
Judges
MJ Mosopa
Legal Topics
Bail Pending Appeal, Exceptional Circumstances, Sexual Offences, Child Witness Competency, Prospects of Success on Appeal
Criminal Law Civil Procedure Bail Pending Appeal Exceptional Circumstances Sexual Offences Child Witness Competency Prospects of Success on Appeal

Case Brief

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Parties

Willem Jacobus Clensie

Appellant

Zandri Clensie

Appellant

The State

Respondent

Procedural Posture

Bail Pending Appeal / Appeal Against Refusal of Bail After Conviction and Sentence

Legal Issues

  1. 1 Whether the appellants demonstrated exceptional circumstances justifying bail pending appeal after conviction for Schedule 6 offences.
  2. 2 Whether procedural irregularities occurred during the bail hearing in the lower court.
  3. 3 Whether the child witness was competent and her evidence reliable.

Ratio Decidendi

The court held that the appellants failed to establish exceptional circumstances justifying bail pending appeal as required for Schedule 6 offences. The appellants' compliance with bail conditions prior to conviction did not outweigh the increased risk of abscondment following conviction and sentence to lengthy imprisonment. The lower court did not commit a procedural irregularity by not allowing the appellants' attorney to address the court after affidavits were read, as such address is not evidence under section 60(2)(c) of the Criminal Procedure Act. The child witness was found competent, and her evidence was not undermined by minor inconsistencies. The prospects of success on appeal...

Court Disposition

Appeal against refusal of bail pending appeal is dismissed.

Orders

  • The appeal against the refusal by the magistrate to grant the appellants bail pending the hearing of their appeal is refused.