Dexter v S (P223/2013) [2014] ZAFSHC 77 (12 June 2014)

Dexter v S (P223/2013) [2014] ZAFSHC 77 (12 June 2014)

The High Court lacks jurisdiction to entertain applications for leave to appeal against convictions or to adduce further evidence on convictions where no such application was made to the trial court. Applications to adduce further evidence on sentence cannot be considered by the trial court once leave to appeal against sentence has been disposed of; the trial court is functus officio. The power to receive further evidence or remit a matter for further evidence is only available to a court of appeal when seized of an appeal, not when considering leave to appeal. Upon review of the trial court's sentencing judgment, no misdirection or shockingly inappropriate sentence was found. The trial...

Citation
[2014] ZAFSHC 77
Parties
Applicant: Dexter Edgar Christopher; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
12 June 2014
Case Number
P223/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and to Adduce Further Evidence After Petition for Leave to Appeal Against Sentence Was Refused.
Outcome
All applications by the applicant are dismissed or removed from the roll for lack of jurisdiction or merit.
Judges
C. van Zyl, S. Ebrahim
Legal Topics
Leave to Appeal, Adducing Further Evidence, Sentencing, Fraud, Money Laundering, White Collar Crime
Criminal Law Civil Procedure Leave to Appeal Adducing Further Evidence Sentencing Fraud Money Laundering White Collar Crime

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Parties

Dexter Edgar Christopher

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and to Adduce Further Evidence After Petition for Leave to Appeal Against Sentence Was Refused.

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain applications for leave to appeal against convictions where no such application was made to the trial court.
  2. 2 Whether the High Court has jurisdiction to entertain applications to adduce further evidence on convictions and sentence.
  3. 3 Whether there are reasonable prospects of success in the proposed appeal against sentence.

Ratio Decidendi

The High Court lacks jurisdiction to entertain applications for leave to appeal against convictions or to adduce further evidence on convictions where no such application was made to the trial court. Applications to adduce further evidence on sentence cannot be considered by the trial court once leave to appeal against sentence has been disposed of; the trial court is functus officio. The power to receive further evidence or remit a matter for further evidence is only available to a court of appeal when seized of an appeal, not when considering leave to appeal. Upon review of the trial court's sentencing judgment, no misdirection or shockingly inappropriate sentence was found. The trial...

Court Disposition

All applications by the applicant are dismissed or removed from the roll for lack of jurisdiction or merit.

Orders

  • The application for leave to appeal against the refusal of the petition for leave to appeal against the imposed sentences is dismissed.
  • The application for leave to adduce new/further evidence on the issue of sentence is removed from the roll.