Kubheka v S (A176/2018) [2019] ZAGPJHC 542 (13 September 2019)

Kubheka v S (A176/2018) [2019] ZAGPJHC 542 (13 September 2019)

The court found that the offence for which the applicant was convicted is serious and prevalent, and that the personal circumstances of the applicant are outweighed by the interests of the community. The court did not find fault with the conviction and concluded that special leave to appeal may not be granted and a significant custodial sentence is probable. Therefore, it is not in the interests of justice to release the applicant on bail pending the application for special leave to appeal the conviction and sentence.

Citation
[2019] ZAGPJHC 542
Parties
Applicant: Kubheka, Nhlanhla Arthur; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 September 2019
Case Number
A176/2018
Procedural Posture
Urgent Application / Application for Bail Pending Special Leave to Appeal to the Supreme Court of Appeal
Outcome
Application for bail pending special leave to appeal is dismissed.
Judges
Mudau
Legal Topics
Bail Pending Appeal, Prospects of Success, Common Purpose Doctrine, Sentencing, Constitutional Right to Liberty
Criminal Law Civil Procedure Bail Pending Appeal Prospects of Success Common Purpose Doctrine Sentencing Constitutional Right to Liberty

Case Brief

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Parties

Kubheka, Nhlanhla Arthur

Applicant

The State

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant should be granted bail pending the application for special leave to appeal to the Supreme Court of Appeal.
  2. 2 Whether there are reasonable prospects of success on appeal regarding conviction and sentence.
  3. 3 Whether the interests of justice favour the release of the applicant pending appeal.

Ratio Decidendi

The court found that the offence for which the applicant was convicted is serious and prevalent, and that the personal circumstances of the applicant are outweighed by the interests of the community. The court did not find fault with the conviction and concluded that special leave to appeal may not be granted and a significant custodial sentence is probable. Therefore, it is not in the interests of justice to release the applicant on bail pending the application for special leave to appeal the conviction and sentence.

Court Disposition

Application for bail pending special leave to appeal is dismissed.

Orders

  • The application for bail pending special leave to appeal is dismissed.