Greenwood v S (148/2012) [2013] ZAECGHC 97 (19 September 2013)

Greenwood v S (148/2012) [2013] ZAECGHC 97 (19 September 2013)

The court found that, having heard full oral argument, there is a reasonable prospect that another court might attach more weight to the discrepancies in the evidence of the complainants, the contents of the medico-legal reports, and other aspects of the evidence. Therefore, it is not far-fetched that another court could reasonably conclude that leave to appeal against the convictions should be granted. The delay in filing the application was due to no fault of the applicant, and condonation was granted.

Citation
[2013] ZAECGHC 97
Parties
Applicant: Colin Alan Greenwood; Respondent: The State
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
19 September 2013
Case Number
148/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal Against Refusal of Leave to Appeal Brought on Petition.
Outcome
Leave to appeal to the Supreme Court of Appeal against refusal of leave to appeal brought on petition is granted.
Judges
N Dambuza, PW Tshiki
Legal Topics
Leave to Appeal, Indecent Assault, Evaluation of Evidence, Credibility of Witnesses
Criminal Law Civil Procedure Leave to Appeal Indecent Assault Evaluation of Evidence Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

Colin Alan Greenwood

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal Against Refusal of Leave to Appeal Brought on Petition.

Legal Issues

  1. 1 Whether leave to appeal to the Supreme Court of Appeal should be granted against the refusal of leave to appeal brought on petition.
  2. 2 Whether discrepancies in the evidence of the complainants warrant reconsideration by another court.

Ratio Decidendi

The court found that, having heard full oral argument, there is a reasonable prospect that another court might attach more weight to the discrepancies in the evidence of the complainants, the contents of the medico-legal reports, and other aspects of the evidence. Therefore, it is not far-fetched that another court could reasonably conclude that leave to appeal against the convictions should be granted. The delay in filing the application was due to no fault of the applicant, and condonation was granted.

Court Disposition

Leave to appeal to the Supreme Court of Appeal against refusal of leave to appeal brought on petition is granted.

Orders

  • Leave is granted to the applicant to appeal to the Supreme Court of Appeal against refusal of leave to appeal brought on petition.
  • Condonation for the late filing of the application is granted.