Grifhs v S (433/2020) [2021] ZASCA 112 (1 September 2021)

Grifhs v S (433/2020) [2021] ZASCA 112 (1 September 2021)

The Supreme Court of Appeal found that there were substantial and unexplained contradictions between the single witness's oral testimony and his written statement to the police. This raised reasonable prospects of success on appeal against both conviction and sentence. The applications for condonation for late filing of the notice of appeal and heads of argument were not opposed and were accordingly granted. The court held that the appellant's petition for leave to appeal in terms of section 309C of the Criminal Procedure Act 51 of 1977 should be granted, as the interests of justice required that the appeal be heard given the material inconsistencies in the evidence relied upon for...

Citation
[2021] ZASCA 112
Parties
Appellant: Lungisa Grifhs; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 September 2021
Case Number
433/2020
Procedural Posture
Leave to Appeal / Appeal Against Refusal of Petition for Leave to Appeal; Application for Condonation and Reinstatement
Outcome
Appeal upheld; order of the High Court set aside and substituted with grant of petition for leave to appeal against conviction and sentence.
Judges
Van der Merwe, Molemela, Mbatha, Carelse, Potterill
Legal Topics
Leave to Appeal, Single Witness Evidence, Condonation, Reasonable Prospects of Success
Criminal Law Civil Procedure Leave to Appeal Single Witness Evidence Condonation Reasonable Prospects of Success

Case Brief

Summary, issues, holding and outcome

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Parties

Lungisa Grifhs

Appellant

The State

Respondent

Procedural Posture

Leave to Appeal / Appeal Against Refusal of Petition for Leave to Appeal; Application for Condonation and Reinstatement

Legal Issues

  1. 1 Whether the appellant's petition for leave to appeal against conviction and sentence should be granted.
  2. 2 Whether there are reasonable prospects of success on appeal based on inconsistencies in the single witness's evidence.
  3. 3 Whether condonation for late filing of notice of appeal and heads of argument should be granted.

Ratio Decidendi

The Supreme Court of Appeal found that there were substantial and unexplained contradictions between the single witness's oral testimony and his written statement to the police. This raised reasonable prospects of success on appeal against both conviction and sentence. The applications for condonation for late filing of the notice of appeal and heads of argument were not opposed and were accordingly granted. The court held that the appellant's petition for leave to appeal in terms of section 309C of the Criminal Procedure Act 51 of 1977 should be granted, as the interests of justice required that the appeal be heard given the material inconsistencies in the evidence relied upon for...

Court Disposition

Appeal upheld; order of the High Court set aside and substituted with grant of petition for leave to appeal against conviction and sentence.

Orders

  • The appeal is upheld.
  • The order of the court a quo is set aside and substituted with: 'The appellants’ petition for leave to appeal in terms of section 309C of the Criminal Procedure Act 51 of 1977 against both conviction and sentence is granted.'