De Sousa v S (A231/2012) [2013] ZAFSHC 92 (12 June 2013)

De Sousa v S (A231/2012) [2013] ZAFSHC 92 (12 June 2013)

The court found that the matter enjoys reasonable prospects of success on appeal. Despite the State's opposition, the court was persuaded that another court could potentially reach a different conclusion on the evidence supporting the convictions. Accordingly, leave to appeal against the convictions was granted to the appellant.

Citation
[2013] ZAFSHC 92
Parties
Appellant: Alberto A De Sousa; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
12 June 2013
Case Number
A231/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to Supreme Court of Appeal
Outcome
Leave to appeal to the Supreme Court of Appeal against the convictions is granted.
Judges
L J Lekale, J P Daffue
Legal Topics
Indecent Assault, Leave to Appeal, Prospects of Success
Criminal Law Indecent Assault Leave to Appeal Prospects of Success

Case Brief

Summary, issues, holding and outcome

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Parties

Alberto A De Sousa

Appellant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to Supreme Court of Appeal

Legal Issues

  1. 1 Whether there are reasonable prospects that another court could reach a different conclusion on the evidence supporting the convictions.
  2. 2 Whether the criticisms of the evidence were properly put to the witnesses during trial.

Ratio Decidendi

The court found that the matter enjoys reasonable prospects of success on appeal. Despite the State's opposition, the court was persuaded that another court could potentially reach a different conclusion on the evidence supporting the convictions. Accordingly, leave to appeal against the convictions was granted to the appellant.

Court Disposition

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

Orders

  • Leave is granted to the applicant to appeal to the Supreme Court of Appeal against the convictions.