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South Africa Judgment

Western Cape High Court, Cape Town

Goni v S (SS93/08) [2010] ZAWCHC 373 (23 March 2010)

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Source document

01

Holding and result

The court found that, although the applicant's alibi and supporting witness were not reasonably possibly true in light of the identity evidence, there remains a reasonable prospect that another court may reach a different conclusion regarding both conviction and sentence. Accordingly, leave to appeal was granted to the Full Bench of the division on both the convictions and the sentences imposed.

Court disposition

Leave to appeal granted to the Full Bench against both convictions and sentences.

Orders

  • Leave to appeal is granted to the Full Bench of this division against both the convictions and the sentences imposed.

02

Material facts

Parties

Mthetheleli Goni

Applicant

The State

Respondent

Amounts and remedies

  • Number of Life Sentences Imposed: 2

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant argued that he was not present at the scene on the night in question and relied on an alibi, supported by his own evidence and that of a witness. He contended that the convictions and sentences were not justified and that there was a reasonable prospect that another court could reach a different conclusion.
Respondent
The respondent maintained that the evidence regarding identity placed the applicant at the scene and that the alibi was not reasonably possibly true. The respondent argued that the convictions and sentences were appropriate and should stand.

05

Court’s reasoning

  1. 01

    S v Smith 2012 (1) SACR 567 (SCA)

    An applicant for leave to appeal must show that there is a reasonable prospect that another court may come to a different conclusion.

  2. 02

    S v Hadebe 1997 (2) SACR 641 (SCA)

    The credibility of an alibi defence must be assessed in light of all the evidence, particularly evidence regarding identity.

06

Ratio, limits and disposition

Ratio decidendi

The court found that, although the applicant's alibi and supporting witness were not reasonably possibly true in light of the identity evidence, there remains a reasonable prospect that another court may reach a different conclusion regarding both conviction and sentence. Accordingly, leave to appeal was granted to the Full Bench of the division on both the convictions and the sentences imposed.

Obiter and limits

  • The granting of leave to appeal does not imply that the trial court's findings were incorrect, but acknowledges the possibility of a different outcome on appeal.
  • The seriousness of the offences and the severity of the sentences warrant scrutiny by a higher court.

Court disposition

Leave to appeal granted to the Full Bench against both convictions and sentences.

  • Leave to appeal is granted to the Full Bench of this division against both the convictions and the sentences imposed.

Source and reliance status

Western Cape High Court, Cape Town

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Judgment reading view

Judgment text

The complete available source text.

Source document

Western Cape High Court, Cape Town

Judgment

[2010] ZAWCHC 373

IN THE HIGH COURT OF

SOUTH AFRICA

(WESTERN CAPE, HIGH COURT, CAPE TOWN)

CASE NUMBER: SS93/08

DATUM: 23 MARCH 2010

In the matter between:

MTHETHELELI

GONI …....................................................................Applicant

and

THE

STATE …..............................................................................Respondent

JUDGMENT (Application for leave to appeal) LOUW, J: The applicant in this matter was accused 1 in the trial He was found guilty on a number of counts arising from events which took place on the night of 30 September 2006. The applicant raised an alibi, gave evidence to that effect and called a witness. I found that the evidence of the applicant and his witness was not reasonably possibly true in the light of all the evidence regarding identity which placed him on the scene on the night in question. This is, however, a matter I believe where there is a reasonable prospect that another court may come to a different conclusion and in my view leave to appeal should be granted on the convictions. Turning to the application for leave to appeal against the sentences imposed, two life sentences were imposed. Again, this is a case where another court may reasonably come to another conclusion in regard to the appropriate sentence and I believe that leave to appeal against the sentences imposed should also be granted. I therefore make the following order: The application for leave to appeal against the convictions and sentences succeed and LEAVE

TO APPEAL IS GRANTED to the Full Bench of this division against both the convictions and the sentences imposed. LOUW, J

JUDGMENT

(Application for leave to appeal)

LOUW, J:

The applicant in this matter was accused 1 in the trial He was found guilty on a number of counts arising from events which took place on the night of 30 September 2006. The applicant raised an alibi, gave evidence to that effect and called a witness. I found that the evidence of the applicant and his witness was not reasonably possibly true in the light of all the evidence regarding identity which placed him on the scene on the night in question.

This is, however, a matter I believe where there is a reasonable prospect that another court may come to a different conclusion and in my view leave to appeal should be granted on the convictions.

Turning to the application for leave to appeal against the sentences imposed, two life sentences were imposed. Again, this is a case where another court may reasonably come to another conclusion in regard to the appropriate sentence and I believe that leave to appeal against the sentences imposed should also be granted.

I therefore make the following order:

The application for leave to appeal against the convictions and sentences succeed and LEAVE

TO APPEAL IS GRANTED to the Full Bench of this division against both the convictions and the sentences imposed.

LOUW, J

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

S v Smith 2012 (1) SACR 567 (SCA)

Case cited

S v Hadebe 1997 (2) SACR 641 (SCA)

Case cited

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