Meyer v S (46/12) [2013] ZASCA 208 (28 November 2013)

Meyer v S (46/12) [2013] ZASCA 208 (28 November 2013)

Condonation for the late filing of the application for special leave to appeal was granted due to the decisive lack of prospects of success on the merits of the conviction appeal. The evidence of independent witnesses, particularly the club manager and head of security, was overwhelming and corroborated the State's version, rendering the appellant's self-defence claim and allegations of evidence manipulation untenable. The application to lead new evidence was dismissed as the proposed evidence was either irrelevant, abandoned, or unreliable. The trial court materially misdirected itself by imposing life sentences under the minimum sentence legislation without proper notice to the accused,...

Citation
[2013] ZASCA 208
Parties
Appellant: Farouk Meyer; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 November 2013
Case Number
46/12
Procedural Posture
Criminal Appeal / Application for Special Leave to Appeal, Condonation for Late Filing, and Application to Lead New Evidence; Appeal Against Sentence
Outcome
Condonation granted for late filing; application for leave to appeal against convictions and to lead new evidence dismissed; special leave to appeal against sentence granted; appeal against sentence partly upheld; life sentences set aside and replaced with 24 years' imprisonment on each count, sentences to run...
Judges
Cachalia, Shongwe, Majiedt
Legal Topics
Special Leave to Appeal, Condonation, Minimum Sentence Legislation, New Evidence on Appeal, Murder, Assault With Intent to Do Grievous Bodily Harm
Criminal Law Special Leave to Appeal Condonation Minimum Sentence Legislation New Evidence on Appeal Murder Assault With Intent to Do Grievous Bodily Harm

Case Brief

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Parties

Farouk Meyer

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Application for Special Leave to Appeal, Condonation for Late Filing, and Application to Lead New Evidence; Appeal Against Sentence

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for special leave to appeal.
  2. 2 Whether there are reasonable prospects of success in the appeal against convictions.
  3. 3 Whether leave to lead new evidence on appeal should be granted.

Ratio Decidendi

Condonation for the late filing of the application for special leave to appeal was granted due to the decisive lack of prospects of success on the merits of the conviction appeal. The evidence of independent witnesses, particularly the club manager and head of security, was overwhelming and corroborated the State's version, rendering the appellant's self-defence claim and allegations of evidence manipulation untenable. The application to lead new evidence was dismissed as the proposed evidence was either irrelevant, abandoned, or unreliable. The trial court materially misdirected itself by imposing life sentences under the minimum sentence legislation without proper notice to the accused,...

Court Disposition

Condonation granted for late filing; application for leave to appeal against convictions and to lead new evidence dismissed; special leave to appeal against sentence granted; appeal against sentence partly upheld; life sentences set aside and replaced with 24 years' imprisonment on each count, sentences to run...

Orders

  • Condonation is granted for the late filing of the application for special leave to appeal.
  • The application for leave to appeal against the convictions is dismissed.