S v Cloete and Another (CA 49/13) [2015] ZANWHC 85 (2 October 2015)

S v Cloete and Another (CA 49/13) [2015] ZANWHC 85 (2 October 2015)

The court found, after considering the submissions of both counsel, that there are no reasonable prospects of success on appeal regarding either the convictions or the sentences imposed on the applicants. The court also found no basis to grant bail pending a petition for leave to appeal to the Supreme Court of Appeal. Accordingly, both the application for leave to appeal and the application for bail were refused.

Citation
[2015] ZANWHC 85
Parties
Applicant: Mathys Johannes Cloete; Applicant: Daniel Nicolaas Hendrick Cloete; Respondent: The State
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
2 October 2015
Case Number
CA 49/13
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Conviction and Sentence
Outcome
Leave to appeal against both conviction and sentence is refused. Bail pending petition for leave to appeal is refused.
Judges
RD Hendricks
Legal Topics
Leave to Appeal, Prospects of Success, Conviction, Sentence, Bail Pending Appeal
Criminal Law Leave to Appeal Prospects of Success Conviction Sentence Bail Pending Appeal

Case Brief

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Parties

Mathys Johannes Cloete

Applicant

Daniel Nicolaas Hendrick Cloete

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Conviction and Sentence

Legal Issues

  1. 1 Whether there are reasonable prospects that another court may reach a different conclusion on conviction.
  2. 2 Whether there are reasonable prospects that another court may impose a different sentence.
  3. 3 Whether bail pending petition for leave to appeal should be granted.

Ratio Decidendi

The court found, after considering the submissions of both counsel, that there are no reasonable prospects of success on appeal regarding either the convictions or the sentences imposed on the applicants. The court also found no basis to grant bail pending a petition for leave to appeal to the Supreme Court of Appeal. Accordingly, both the application for leave to appeal and the application for bail were refused.

Court Disposition

Leave to appeal against both conviction and sentence is refused. Bail pending petition for leave to appeal is refused.

Orders

  • Leave to appeal to either the Full Bench of this division or the Supreme Court of Appeal against the convictions and sentences imposed upon both applicants is refused.
  • Bail pending a petition for leave to appeal to the Supreme Court of Appeal in respect of both applicants is refused.