Nare v S (380/2018) [2019] ZASCA 72 (30 May 2019)

Nare v S (380/2018) [2019] ZASCA 72 (30 May 2019)

The Supreme Court of Appeal held that the panel judges' first order was final and limited to counts 2, 12, and 13, and there was no appeal before the court in respect of count 1. The court found that the High Court erred in refusing leave to appeal on counts 2 and 13, as there were reasonable prospects that another court could reach a different conclusion regarding the appellant's intent in the attempted murder charge and the sufficiency of evidence for possession of ammunition. However, the evidence regarding count 12, including direct testimony and the statutory presumption, did not provide reasonable prospects of success, and the appeal on this count was dismissed. The order of the...

Citation
[2019] ZASCA 72
Parties
Appellant: Jeffrey Bob Nare; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 May 2019
Case Number
380/2018
Procedural Posture
Leave to Appeal / Appeal Against Refusal of Leave to Appeal Against Conviction
Outcome
Appeal in respect of count 12 dismissed; appeal in respect of counts 2 and 13 upheld; order of the High Court refusing leave to appeal set aside and replaced with an order granting leave to appeal on counts 2 and 13.
Judges
Navsa, Saldulker, Eksteen
Legal Topics
Leave to Appeal, Attempted Murder, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Common Purpose, Criminal Procedure Act
Criminal Law Leave to Appeal Attempted Murder Unlawful Possession of Firearm Unlawful Possession of Ammunition Common Purpose Criminal Procedure Act

Case Brief

Summary, issues, holding and outcome

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Parties

Jeffrey Bob Nare

Appellant

The State

Respondent

Procedural Posture

Leave to Appeal / Appeal Against Refusal of Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the High Court erred in refusing leave to appeal against convictions on counts 2 (attempted murder), 12 (unlawful possession of a firearm), and 13 (unlawful possession of ammunition).
  2. 2 Whether there are reasonable prospects of success on appeal regarding the convictions for attempted murder and possession of ammunition.
  3. 3 Whether the appellant was correctly convicted on the charge of unlawful possession of a firearm.

Ratio Decidendi

The Supreme Court of Appeal held that the panel judges' first order was final and limited to counts 2, 12, and 13, and there was no appeal before the court in respect of count 1. The court found that the High Court erred in refusing leave to appeal on counts 2 and 13, as there were reasonable prospects that another court could reach a different conclusion regarding the appellant's intent in the attempted murder charge and the sufficiency of evidence for possession of ammunition. However, the evidence regarding count 12, including direct testimony and the statutory presumption, did not provide reasonable prospects of success, and the appeal on this count was dismissed. The order of the...

Court Disposition

Appeal in respect of count 12 dismissed; appeal in respect of counts 2 and 13 upheld; order of the High Court refusing leave to appeal set aside and replaced with an order granting leave to appeal on counts 2 and 13.

Orders

  • The appeal in respect of count 12 is dismissed.
  • The appeal in respect of counts 2 and 13 is upheld.