Fielies v S (SS87/2007) [2007] ZAWCHC 335 (8 October 2008)

Fielies v S (SS87/2007) [2007] ZAWCHC 335 (8 October 2008)

The court found, after considering the record and hearing argument, that there are no reasonable prospects that another court may sentence the applicant differently. The application for leave to appeal was therefore refused.

Citation
[2007] ZAWCHC 335
Parties
Applicant: Brandon Fielies; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
8 October 2008
Case Number
SS87/2007
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Conviction and Sentence
Outcome
Application for leave to appeal refused.
Judges
Dlodlo
Legal Topics
Leave to Appeal, Prospects of Success, Sentencing Discretion
Criminal Law Leave to Appeal Prospects of Success Sentencing Discretion

Case Brief

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Parties

Brandon Fielies

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Conviction and Sentence

Legal Issues

  1. 1 Whether there are reasonable prospects that another court may impose a different sentence on the applicant.

Ratio Decidendi

The court found, after considering the record and hearing argument, that there are no reasonable prospects that another court may sentence the applicant differently. The application for leave to appeal was therefore refused.

Court Disposition

Application for leave to appeal refused.

Orders

  • The application for leave to appeal is refused.