Rampersad v S (CC64/2016) [2018] ZAGPPHC 960 (31 October 2018)
- Citation
- [2018] ZAGPPHC 960
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- BAM
- Case number
- CC64/2016
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- BAM
- Case number
- CC64/2016
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that all issues raised by the applicant were thoroughly addressed during the trial and in the judgment. The evidence was considered in its entirety, and no aspect was isolated or overlooked. Upon review, the court concluded that there are no reasonable prospects of success on appeal, either in respect of the convictions or the sentences imposed. Therefore, the application for leave to appeal must be refused.
Court disposition
Application for leave to appeal refused.
Orders
- The application for leave to appeal is refused.
02
Material facts
Parties
Rishen Rampersad
ApplicantThe State
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal After Conviction and Sentencing
04
Questions and positions
Legal issues
- 01
Whether there are reasonable prospects of success on appeal against conviction and sentence.
- 02
Whether the trial court adequately considered all evidential aspects raised during the trial.
Party arguments
- Applicant
- Counsel for the applicant argued that there are grounds which warrant leave to appeal, contending that certain issues were not adequately addressed and that there may be prospects of success on appeal regarding both conviction and sentence.
- Respondent
- The respondent maintained that all issues were comprehensively dealt with during the trial and judgment, and that the evidence, when considered in totality, does not support reasonable prospects of success on appeal.
05
Court’s reasoning
Legal principles
- 01
S v Smith 2012 (1) SACR 567 (SCA)
The court must consider whether there are reasonable prospects of success on appeal when deciding an application for leave to appeal.
- 02
S v Chabalala 2003 (1) SACR 134 (SCA)
Evidence must be considered in totality and not in isolation when evaluating grounds for appeal.
06
Ratio, limits and disposition
Ratio decidendi
The court found that all issues raised by the applicant were thoroughly addressed during the trial and in the judgment. The evidence was considered in its entirety, and no aspect was isolated or overlooked. Upon review, the court concluded that there are no reasonable prospects of success on appeal, either in respect of the convictions or the sentences imposed. Therefore, the application for leave to appeal must be refused.
Obiter and limits
- The court emphasized the importance of considering evidence in totality, especially in serious criminal matters.
- The judge reiterated that the grounds raised during the trial were given due consideration before judgment was delivered.
Court disposition
Application for leave to appeal refused.
- The application for leave to appeal is refused.
Source and reliance status
North Gauteng High Court, Pretoria
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Judgment
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
CASE NO: CC64/2016
DATE: 2018-10-31
In the matter between
RISHEN
RAMPERSAD
Applicant
and
THE
STATE
Respondent
JUDGMENT
(Leave to appeal)
BAM, J: In this case I have convicted the applicant of murder and robbery, the possession of a firearm and ammunition.
There is now an application for leave to appeal. The correct approach is, that this Court must consider whether there are reasonable prospects of success on appeal.
I have the argument by counsel appearing for the appellant or the applicant rather, in the application. The issues are comprehensively dealt with and pointed out.
I am satisfied in the circumstances that all these issues were addressed during the argument before I did the judgment.
What must be kept in mind, and I do that, and I did it during the trial, is that the evidence has to be considered in totality. One cannot proceed in matters and cases of this nature to isolate the issues. The Court has to consider all the evidence and the Court has to consider what evidential value has to be attached to all the individual aspects, or grounds raised during the trial.
I have considered the application. I am satisfied that I have dealt with all the issues during my judgments and I am of the opinion that there are no reasonable prospects of success on appeal, either on the convictions, and/or the sentences imposed.
Accordingly, the application for leave to appeal is refused.
……………………………………..
BAM, J
JUDGE OF
THE HIGH COURT
DATE: …………………………..
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