S v Babeile (Application for leave to appeal) (CA&R 35/01) [2001] ZANCHC 17 (24 August 2001)

S v Babeile (Application for leave to appeal) (CA&R 35/01) [2001] ZANCHC 17 (24 August 2001)

The applicant provided a satisfactory explanation for the late filing of the application, namely impecuniosity. However, the application for leave to appeal fails on the merits, as there are no reasonable prospects that another court would reach a different conclusion regarding the conviction for attempted murder. The magistrate correctly inferred intent to kill from the circumstances, including the weapon used, the applicant's conduct, the location of the wound, and the lack of a credible explanation. The argument that the complainant ducked during the attack does not create reasonable doubt, as it was not sufficiently substantiated or advanced as a defence. The application for...

Citation
[2001] ZANCHC 17
Parties
Applicant: Andrew Itumeleng Babeile; Respondent: The State
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
24 August 2001
Case Number
CA&R 35/01
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Dismissal of Appeal Against Conviction
Outcome
Application for condonation and leave to appeal is dismissed.
Judges
Majiedt, Steenkamp
Legal Topics
Attempted Murder, Condonation, Dolus Eventualis, Leave to Appeal
Criminal Law Attempted Murder Condonation Dolus Eventualis Leave to Appeal

Case Brief

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Parties

Andrew Itumeleng Babeile

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Dismissal of Appeal Against Conviction

Legal Issues

  1. 1 Whether the applicant has furnished a satisfactory explanation for the late filing of the application for leave to appeal.
  2. 2 Whether there are reasonable prospects of success that another court may reach a different conclusion regarding the conviction for attempted murder.
  3. 3 Whether the applicant intended to kill the complainant, considering the circumstances of the attack.

Ratio Decidendi

The applicant provided a satisfactory explanation for the late filing of the application, namely impecuniosity. However, the application for leave to appeal fails on the merits, as there are no reasonable prospects that another court would reach a different conclusion regarding the conviction for attempted murder. The magistrate correctly inferred intent to kill from the circumstances, including the weapon used, the applicant's conduct, the location of the wound, and the lack of a credible explanation. The argument that the complainant ducked during the attack does not create reasonable doubt, as it was not sufficiently substantiated or advanced as a defence. The application for...

Court Disposition

Application for condonation and leave to appeal is dismissed.

Orders

  • The application for condonation is dismissed.
  • The application for leave to appeal is dismissed.