S v Greef (CA&R 55/10) [2012] ZANCHC 26 (1 June 2012)

S v Greef (CA&R 55/10) [2012] ZANCHC 26 (1 June 2012)

The court found that the applicant, while released on bail for the first sexual offence, committed a second sexual offence, indicating a likelihood to endanger the safety of the public. The applicant has lost his employment and fixed abode, increasing the risk of absconding. The experience of imprisonment as a former police officer further increases the likelihood of flight. The court applied sections 60(4)(a), (b), and (d) of the Criminal Procedure Act, concluding that the applicant is likely to abscond, evade the appeal process, and endanger public safety. The court declined to analyse the merits of the appeal in detail, as this is the function of the appeal court. The application for...

Citation
[2012] ZANCHC 26
Parties
Applicant: Milverton Raynold Greef; Respondent: State
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
1 June 2012
Case Number
CA&R 55/10
Procedural Posture
Bail Application Pending Appeal / Application for Bail Pending Appeal After Conviction and Sentence
Outcome
Application for bail pending appeal is dismissed.
Judges
Hughes-Madondo
Legal Topics
Bail Pending Appeal, Rape, Sexual Assault, Criminal Procedure Act Section 60, Prospects of Success on Appeal
Criminal Law Bail Pending Appeal Rape Sexual Assault Criminal Procedure Act Section 60 Prospects of Success on Appeal

Case Brief

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Parties

Milverton Raynold Greef

Applicant

State

Respondent

Procedural Posture

Bail Application Pending Appeal / Application for Bail Pending Appeal After Conviction and Sentence

Legal Issues

  1. 1 Whether the applicant should be released on bail pending the hearing and judgment of his appeal against conviction and sentence.
  2. 2 Whether the applicant is a flight risk or likely to endanger the safety of the public if released on bail.
  3. 3 Whether the applicant has reasonable prospects of success on appeal.

Ratio Decidendi

The court found that the applicant, while released on bail for the first sexual offence, committed a second sexual offence, indicating a likelihood to endanger the safety of the public. The applicant has lost his employment and fixed abode, increasing the risk of absconding. The experience of imprisonment as a former police officer further increases the likelihood of flight. The court applied sections 60(4)(a), (b), and (d) of the Criminal Procedure Act, concluding that the applicant is likely to abscond, evade the appeal process, and endanger public safety. The court declined to analyse the merits of the appeal in detail, as this is the function of the appeal court. The application for...

Court Disposition

Application for bail pending appeal is dismissed.

Orders

  • The application to be released on bail pending appeal is dismissed.