Olyn v S (K/S 20/2017) [2022] ZANCHC 67 (28 October 2022)

Olyn v S (K/S 20/2017) [2022] ZANCHC 67 (28 October 2022)

Condonation for the late filing of the application for leave to appeal was granted due to the applicant's difficulties in contacting his legal representative after being transferred to another correctional centre. However, the application for leave to appeal against the convictions and sentence was dismissed. The evidence presented at trial, including the applicant's DNA found on the shoelace used to tie the deceased to the railway line and under her fingernails, as well as the applicant's prior convictions for murder and rape and the absence of substantial and compelling circumstances, led the court to conclude that there are no reasonable prospects of success on appeal. The prescribed...

Citation
[2022] ZANCHC 67
Parties
Applicant: Isak Olyn; Respondent: The State
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
28 October 2022
Case Number
K/S 20/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Condonation
Outcome
Application for leave to appeal is dismissed.
Judges
Williams
Legal Topics
Murder, Attempted Rape, Leave to Appeal, Sentencing, Superior Courts Act
Criminal Law Murder Attempted Rape Leave to Appeal Sentencing Superior Courts Act

Case Brief

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Parties

Isak Olyn

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Condonation

Legal Issues

  1. 1 Whether condonation for the late filing of the application for leave to appeal should be granted.
  2. 2 Whether there are reasonable prospects of success on appeal against the convictions for murder and attempted rape.
  3. 3 Whether there are substantial and compelling circumstances justifying a lesser sentence than life imprisonment.

Ratio Decidendi

Condonation for the late filing of the application for leave to appeal was granted due to the applicant's difficulties in contacting his legal representative after being transferred to another correctional centre. However, the application for leave to appeal against the convictions and sentence was dismissed. The evidence presented at trial, including the applicant's DNA found on the shoelace used to tie the deceased to the railway line and under her fingernails, as well as the applicant's prior convictions for murder and rape and the absence of substantial and compelling circumstances, led the court to conclude that there are no reasonable prospects of success on appeal. The prescribed...

Court Disposition

Application for leave to appeal is dismissed.

Orders

  • Condonation for the late filing of the application for leave to appeal is granted.
  • Application for leave to appeal against convictions and sentence is dismissed.