Oosthuizen and Another v S (144/2018) [2018] ZASCA 92; 2018 (2) SACR 237 (SCA) (1 June 2018)

Oosthuizen and Another v S (144/2018) [2018] ZASCA 92; 2018 (2) SACR 237 (SCA) (1 June 2018)

The court held that the mere granting of leave to appeal does not entitle the applicants to bail pending appeal. The applicants' own admissions established their guilt for serious offences, including kidnapping and assault with intent to do grievous bodily harm. The argument that provocation operated as a complete defence was rejected; at best, provocation could only mitigate sentence, and the applicants' conduct was not moderate or reasonable but amounted to vigilantism. The offences were aggravated by racial factors, and the applicants showed no remorse. The court found no reasonable prospects of success on appeal and no compelling reason to grant bail, concluding that significant...

Citation
[2018] ZASCA 92
Parties
Applicant: Willem Jacobus Albertus Oosthuizen; Applicant: Theo Martins Jackson; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 June 2018
Case Number
144/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Refusal of Bail Pending Appeal
Outcome
Application for leave to appeal the refusal of bail is dismissed.
Judges
Navsa, Willis, Schippers
Legal Topics
Bail Pending Appeal, Provocation, Kidnapping, Assault With Intent to Do Grievous Bodily Harm, Duplication of Convictions
Criminal Law Civil Procedure Bail Pending Appeal Provocation Kidnapping Assault With Intent to Do Grievous Bodily Harm Duplication of Convictions

Case Brief

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Parties

Willem Jacobus Albertus Oosthuizen

Applicant

Theo Martins Jackson

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Refusal of Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicants are entitled to bail pending appeal after leave to appeal was granted.
  2. 2 Whether there is a real prospect that a non-custodial sentence will be imposed on appeal.
  3. 3 Whether provocation operates as a complete defence or only as mitigation in sentencing.

Ratio Decidendi

The court held that the mere granting of leave to appeal does not entitle the applicants to bail pending appeal. The applicants' own admissions established their guilt for serious offences, including kidnapping and assault with intent to do grievous bodily harm. The argument that provocation operated as a complete defence was rejected; at best, provocation could only mitigate sentence, and the applicants' conduct was not moderate or reasonable but amounted to vigilantism. The offences were aggravated by racial factors, and the applicants showed no remorse. The court found no reasonable prospects of success on appeal and no compelling reason to grant bail, concluding that significant...

Court Disposition

Application for leave to appeal the refusal of bail is dismissed.

Orders

  • The applicants’ applications for leave to appeal the refusal by the court below to grant bail are dismissed on the grounds that there are no reasonable prospects of success and there is no other compelling reason why an appeal should be heard.