S v Crossberg (439/2007) [2007] ZASCA 93; [2007] SCA 93 (RSA) (22 August 2007)

S v Crossberg (439/2007) [2007] ZASCA 93; [2007] SCA 93 (RSA) (22 August 2007)

The Supreme Court of Appeal held that the trial court's refusal of bail was based solely on the absence of prospects of success on appeal. Once leave to appeal was granted, that basis fell away. The State did not oppose bail and agreed to conditions, and there was no evidence that the appellant was a flight risk or that releasing him would prejudice the interests of justice. The appellant provided a satisfactory explanation for the delay in filing the appeal against the refusal of bail, and condonation was granted. The court found it in the interests of justice to grant bail pending the finalisation of the appeal, subject to agreed conditions.

Citation
[2007] ZASCA 93
Parties
Appellant: Jewell Crossberg; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
22 August 2007
Case Number
439/2007
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail Post Conviction
Outcome
Appeal upheld; bail granted pending finalisation of appeal; condonation granted for late filing.
Judges
M S Navsa, J A Heher, C N Jafta, V M Ponnan, F R Malan
Legal Topics
Bail Pending Appeal, Prospects of Success, Condonation, Constitutional Right to Liberty
Criminal Law Civil Procedure Bail Pending Appeal Prospects of Success Condonation Constitutional Right to Liberty

Case Brief

Summary, issues, holding and outcome

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Parties

Jewell Crossberg

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail Post Conviction

Legal Issues

  1. 1 Whether bail should be granted to the appellant pending the finalisation of his appeal after conviction and sentence.
  2. 2 Whether the refusal of bail by the trial court was justified on the basis of no prospects of success.
  3. 3 Whether condonation for the late filing of the appeal against refusal of bail should be granted.

Ratio Decidendi

The Supreme Court of Appeal held that the trial court's refusal of bail was based solely on the absence of prospects of success on appeal. Once leave to appeal was granted, that basis fell away. The State did not oppose bail and agreed to conditions, and there was no evidence that the appellant was a flight risk or that releasing him would prejudice the interests of justice. The appellant provided a satisfactory explanation for the delay in filing the appeal against the refusal of bail, and condonation was granted. The court found it in the interests of justice to grant bail pending the finalisation of the appeal, subject to agreed conditions.

Court Disposition

Appeal upheld; bail granted pending finalisation of appeal; condonation granted for late filing.

Orders

  • The application for condonation is granted.
  • The appeal is upheld.