Greenwood v S (20075/14) [2015] ZASCA 56 (30 March 2015)

Greenwood v S (20075/14) [2015] ZASCA 56 (30 March 2015)

The court found that the contradictions in the evidence of the minor complainants were expected due to their age and the passage of time, and did not undermine the credibility of their accounts, which were corroborated by medical evidence and independent reporting to their parents. The alleged misdirections by the trial court were not sufficient to create a probability of success on appeal. The appellant failed to demonstrate reasonable prospects of success, and there were no other compelling reasons for the appeal to be heard. Accordingly, leave to appeal was refused and the appeal dismissed.

Citation
[2015] ZASCA 56
Parties
Appellant: Colin Allan Greenwood; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 March 2015
Case Number
20075/14
Procedural Posture
Leave to Appeal / Appeal Against Refusal of Leave to Appeal on Petition
Outcome
Appeal dismissed; leave to appeal refused.
Judges
Shongwe, Mbha, Gorven
Legal Topics
Leave to Appeal, Reasonable Prospects of Success, Sexual Offences, Cautionary Rules, Credibility of Witnesses
Criminal Law Leave to Appeal Reasonable Prospects of Success Sexual Offences Cautionary Rules Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

Colin Allan Greenwood

Appellant

The State

Respondent

Procedural Posture

Leave to Appeal / Appeal Against Refusal of Leave to Appeal on Petition

Legal Issues

  1. 1 Whether the appellant has reasonable prospects of success on appeal against conviction.
  2. 2 Whether the alleged misdirections by the trial court justify the granting of leave to appeal.
  3. 3 Whether contradictions in the evidence of minor complainants undermine the conviction.

Ratio Decidendi

The court found that the contradictions in the evidence of the minor complainants were expected due to their age and the passage of time, and did not undermine the credibility of their accounts, which were corroborated by medical evidence and independent reporting to their parents. The alleged misdirections by the trial court were not sufficient to create a probability of success on appeal. The appellant failed to demonstrate reasonable prospects of success, and there were no other compelling reasons for the appeal to be heard. Accordingly, leave to appeal was refused and the appeal dismissed.

Court Disposition

Appeal dismissed; leave to appeal refused.

Orders

  • The appeal is dismissed.