Grey v S (CC38/2006) [2009] ZAECBHC 10 (26 November 2009)

Grey v S (CC38/2006) [2009] ZAECBHC 10 (26 November 2009)

The applicant failed to provide a frank and satisfactory explanation for the eleven-month delay in lodging the application for leave to appeal. His assertion that the attorneys were to blame was unsupported by any affidavit from them, and the circumstances suggested he was aware of the need to pay legal fees. The explanation was found to be inadequate and unpersuasive, and thus good cause for condonation was not shown. On the merits, the only reasonable inference from the evidence was that the murder was premeditated: the applicant arrived at the funeral armed with a dagger, attacked the deceased from behind, and continued stabbing him despite pleas from mourners. The claim of...

Citation
[2009] ZAECBHC 10
Parties
Applicant: Bonisile Grey; Respondent: The State
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
26 November 2009
Case Number
CC38/2006
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Condonation
Outcome
Applications for condonation and for leave to appeal the conviction and sentence are refused.
Judges
Y Ebrahim
Legal Topics
Leave to Appeal, Condonation, Murder Conviction, Premeditation, Prospects of Success
Criminal Law Civil Procedure Leave to Appeal Condonation Murder Conviction Premeditation Prospects of Success

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Bonisile Grey

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Condonation

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation for the late filing of the application for leave to appeal.
  2. 2 Whether there are reasonable prospects of success on appeal against conviction and sentence.
  3. 3 Whether the murder was premeditated.

Ratio Decidendi

The applicant failed to provide a frank and satisfactory explanation for the eleven-month delay in lodging the application for leave to appeal. His assertion that the attorneys were to blame was unsupported by any affidavit from them, and the circumstances suggested he was aware of the need to pay legal fees. The explanation was found to be inadequate and unpersuasive, and thus good cause for condonation was not shown. On the merits, the only reasonable inference from the evidence was that the murder was premeditated: the applicant arrived at the funeral armed with a dagger, attacked the deceased from behind, and continued stabbing him despite pleas from mourners. The claim of...

Court Disposition

Applications for condonation and for leave to appeal the conviction and sentence are refused.

Orders

  • Condonation is refused.
  • The application for leave to appeal conviction and sentence is refused.