Meyer v S (SS03/2009) [2011] ZAWCHC 398 (29 March 2011)

Meyer v S (SS03/2009) [2011] ZAWCHC 398 (29 March 2011)

The court found that there are reasonable prospects that another court may reach a different conclusion regarding the evaluation of the evidence of the 'non-recanting' witnesses. Although the applicant initially indicated an intention to seek leave to appeal to the Supreme Court of Appeal on the issue of the minimum sentence legislation, the present application was limited to the conviction and the acceptance of the evidence of the 'non-recanting' witnesses. The court determined that the matter does not raise a novel question of law requiring the attention of the Supreme Court of Appeal, but that leave to appeal should be granted to a Full Bench of the Western Cape High Court. The...

Citation
[2011] ZAWCHC 398
Parties
Applicant: Rashaad Meyer; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
29 March 2011
Case Number
SS03/2009
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Conviction and Sentence
Outcome
Leave to appeal granted to a Full Bench of the Western Cape High Court.
Judges
Saldanha
Legal Topics
Leave to Appeal, Evaluation of Evidence, Minimum Sentence Legislation
Criminal Law Civil Procedure Leave to Appeal Evaluation of Evidence Minimum Sentence Legislation

Case Brief

Summary, issues, holding and outcome

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Parties

Rashaad Meyer

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Conviction and Sentence

Legal Issues

  1. 1 Whether the evaluation of the evidence of 'non-recanting' witnesses by the trial court was correct.
  2. 2 Whether leave to appeal should be granted to the Supreme Court of Appeal or to a Full Bench of the Division.
  3. 3 Whether the matter involves a question of law requiring consideration by a higher court.

Ratio Decidendi

The court found that there are reasonable prospects that another court may reach a different conclusion regarding the evaluation of the evidence of the 'non-recanting' witnesses. Although the applicant initially indicated an intention to seek leave to appeal to the Supreme Court of Appeal on the issue of the minimum sentence legislation, the present application was limited to the conviction and the acceptance of the evidence of the 'non-recanting' witnesses. The court determined that the matter does not raise a novel question of law requiring the attention of the Supreme Court of Appeal, but that leave to appeal should be granted to a Full Bench of the Western Cape High Court. The...

Court Disposition

Leave to appeal granted to a Full Bench of the Western Cape High Court.

Orders

  • Leave to appeal is granted to a Full Bench of the Western Cape High Court.