Okwokwo v S (SS18/2015) [2016] ZAGPPHC 1254 (22 September 2016)
- Citation
- [2016] ZAGPPHC 1254
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- BAM
- Case number
- SS18/2015
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- BAM
- Case number
- SS18/2015
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that there are no reasonable prospects that another court may interfere with either the convictions or the sentences. The judge declined to repeat the reasoning from the original judgment, stating that nothing further needed to be added. Accordingly, the application for leave to appeal was dismissed.
Court disposition
Application for leave to appeal dismissed.
Orders
- The application for leave to appeal against conviction and sentence is dismissed.
02
Material facts
Parties
Chidlozie Okwokwo
Applicant Counsel: Ms KhokaThe State
Respondent Counsel: Mr Jack03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal Against Conviction and Sentence
04
Questions and positions
Legal issues
Whether there are reasonable prospects that another court may interfere with the convictions and sentences.
Party arguments
- Applicant
- The applicant, through counsel Ms Khoka, argued that there are prospects that another court may interfere with the convictions and sentences imposed, warranting the granting of leave to appeal.
- Respondent
- The respondent, represented by Mr Jack, opposed the application, contending that there are no reasonable prospects of success and that the convictions and sentences should stand.
05
Court’s reasoning
Legal principles
- 01
Section 17(1) of the Superior Courts Act 10 of 2013
Leave to appeal should be granted only if there are reasonable prospects that another court may come to a different conclusion.
06
Ratio, limits and disposition
Ratio decidendi
The court found that there are no reasonable prospects that another court may interfere with either the convictions or the sentences. The judge declined to repeat the reasoning from the original judgment, stating that nothing further needed to be added. Accordingly, the application for leave to appeal was dismissed.
Court disposition
Application for leave to appeal dismissed.
- The application for leave to appeal against conviction and sentence is dismissed.
Source and reliance status
North Gauteng High Court, Pretoria
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Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Judgment
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION, JOHANNESBURG
CASE NO: SS18/2015
DATE: 2016 -09 -22
In the matter between
CHIDLOZIE OKWOKWO
Applicant
And
THE
STATE
Respondent
J U D G M E N T (LEAVE TO APPEAL)
BAM, J: There is now an application for leave to appeal against the convictions and sentences in this case. The application is opposed by the State. With reference to the arguments advanced by both Ms Khoka and Mr Jack submitting that there are prospects that another court may interfere with the convictions and sentences.
I do not find it expedient to repeat my judgment pertaining to the conviction or my judgment pertaining to the sentences. There is nothing more I would like to add. In View , there are no reasonable prospects that another court may interfere with either the convictions or the sentences. Accordingly the applications are dismissed.
BAM, J
JUDGE
OF THE HIGH COURT
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