Fredericks v S (A897/2003) [2008] ZAWCHC 325 (11 December 2008)

Fredericks v S (A897/2003) [2008] ZAWCHC 325 (11 December 2008)

The court determined that the interests of justice require the applicant to be assisted in obtaining legal aid and an opinion on the prospects of success in the proposed appeal. The application for leave to appeal is postponed sine die to allow the applicant to receive such assistance. The Provincial Director of Public Prosecution is directed to facilitate the process, and all relevant parties, including the applicant and the court, are to be furnished with the opinion. The court will not be bound by the opinion provided, and the applicant may take further steps, including re-enrolment of the application, based on the opinion received.

Citation
[2008] ZAWCHC 325
Parties
Applicant: Brian Fredericks; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
11 December 2008
Case Number
A897/2003
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal postponed sine die pending provision of legal aid and opinion on prospects of success.
Judges
Yekiso, Dlodlo
Legal Topics
Leave to Appeal, Legal Aid Assistance, Postponement, Prosecutorial Duties
Criminal Law Leave to Appeal Legal Aid Assistance Postponement Prosecutorial Duties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Brian Fredericks

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant should be granted leave to appeal against his conviction or sentence.
  2. 2 Whether the applicant is entitled to legal aid assistance for the purpose of pursuing the appeal.
  3. 3 What steps should be taken to ensure the applicant receives a fair opportunity to pursue his appeal.

Ratio Decidendi

The court determined that the interests of justice require the applicant to be assisted in obtaining legal aid and an opinion on the prospects of success in the proposed appeal. The application for leave to appeal is postponed sine die to allow the applicant to receive such assistance. The Provincial Director of Public Prosecution is directed to facilitate the process, and all relevant parties, including the applicant and the court, are to be furnished with the opinion. The court will not be bound by the opinion provided, and the applicant may take further steps, including re-enrolment of the application, based on the opinion received.

Court Disposition

Application for leave to appeal postponed sine die pending provision of legal aid and opinion on prospects of success.

Orders

  • The application for leave to appeal is postponed sine die.
  • The office of the Provincial Director of Public Prosecution is directed to assist the applicant in obtaining legal aid assistance.