Hack v S (A397/2009) [2014] ZAGPJHC 425 (22 October 2014)

Hack v S (A397/2009) [2014] ZAGPJHC 425 (22 October 2014)

The court found that it had jurisdiction to hear the application for extension of bail pending petition to the Supreme Court of Appeal, based on relevant case law. However, the appellant failed to comply with the express condition of bail and the subsequent court order requiring him to surrender himself within 72 hours after dismissal of his appeal. No satisfactory explanation was provided for this breach, and the reasons advanced were not accepted as legitimate. The grounds of the proposed appeal did not enjoy reasonable prospects of success. In light of the appellant's contempt of the court order and lack of prospects on appeal, the court held that it was not in the interests of justice...

Citation
[2014] ZAGPJHC 425
Parties
Appellant: Herbert Hack; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 October 2014
Case Number
A397/2009
Procedural Posture
Urgent Application / Application for Extension of Bail Pending Petition for Special Leave to Appeal to the Supreme Court of Appeal
Outcome
Application for extension of bail pending petition to the Supreme Court of Appeal for special leave to appeal is refused and dismissed.
Judges
G.S. S. Maluleke, N. Ranchod
Legal Topics
Bail Pending Appeal, Special Leave to Appeal, Execution of Sentence, Contempt of Court
Criminal Law Civil Procedure Bail Pending Appeal Special Leave to Appeal Execution of Sentence Contempt of Court

Case Brief

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Parties

Herbert Hack

Appellant

The State

Respondent

Procedural Posture

Urgent Application / Application for Extension of Bail Pending Petition for Special Leave to Appeal to the Supreme Court of Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to extension of bail pending his petition to the Supreme Court of Appeal for special leave to appeal.
  2. 2 Whether the appellant's non-compliance with the court order to surrender himself constitutes contempt and affects the interests of justice.
  3. 3 Whether there are reasonable prospects of success in the proposed appeal warranting suspension of the sentence.

Ratio Decidendi

The court found that it had jurisdiction to hear the application for extension of bail pending petition to the Supreme Court of Appeal, based on relevant case law. However, the appellant failed to comply with the express condition of bail and the subsequent court order requiring him to surrender himself within 72 hours after dismissal of his appeal. No satisfactory explanation was provided for this breach, and the reasons advanced were not accepted as legitimate. The grounds of the proposed appeal did not enjoy reasonable prospects of success. In light of the appellant's contempt of the court order and lack of prospects on appeal, the court held that it was not in the interests of justice...

Court Disposition

Application for extension of bail pending petition to the Supreme Court of Appeal for special leave to appeal is refused and dismissed.

Orders

  • The application for extension of bail pending petition to the Supreme Court of Appeal is dismissed.
  • The appellant is to surrender himself to commence serving his sentence as previously ordered.