S v Levenstein (317/04) [2006] ZAGPHC 108 (20 December 2006)

S v Levenstein (317/04) [2006] ZAGPHC 108 (20 December 2006)

The court found that the accused had been provided with all necessary documentation, including the indictment, summary of substantial facts, witness statements, and the police docket. The accused demonstrated a full understanding of the State's case and had set out his defence in detail. The application for further and better particulars was not a genuine attempt to obtain necessary information but rather an effort to have the State respond to the accused's version of events and to debate the evidence pre-trial. The court held that the accused was adequately informed of the case against him and able to prepare his defence. Accordingly, the application for further and better particulars...

Citation
[2006] ZAGPHC 108
Parties
Applicant: The State; Defendant: Jeffrey Israel Levenstein
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
20 December 2006
Case Number
317/2004
Procedural Posture
Criminal Law Application / Application for Further and Better Particulars Prior to Trial
Outcome
Application for further and better particulars dismissed.
Judges
I W Schwartzman
Legal Topics
Further and Better Particulars, Criminal Procedure Act Section 87, Right to Fair Trial, Access to Police Docket
Criminal Law Civil Procedure Further and Better Particulars Criminal Procedure Act Section 87 Right to Fair Trial Access to Police Docket

Case Brief

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Parties

The State

Applicant

Jeffrey Israel Levenstein

Defendant

Procedural Posture

Criminal Law Application / Application for Further and Better Particulars Prior to Trial

Legal Issues

  1. 1 Whether the accused is entitled to further and better particulars beyond those already provided by the State.
  2. 2 Whether the accused's application constitutes a genuine request for particulars or an attempt to debate the evidence pre-trial.
  3. 3 Whether the accused has been adequately informed of the case against him to prepare his defence.

Ratio Decidendi

The court found that the accused had been provided with all necessary documentation, including the indictment, summary of substantial facts, witness statements, and the police docket. The accused demonstrated a full understanding of the State's case and had set out his defence in detail. The application for further and better particulars was not a genuine attempt to obtain necessary information but rather an effort to have the State respond to the accused's version of events and to debate the evidence pre-trial. The court held that the accused was adequately informed of the case against him and able to prepare his defence. Accordingly, the application for further and better particulars...

Court Disposition

Application for further and better particulars dismissed.

Orders

  • The Betterment of Particulars application is dismissed.