S v Mcaphukisi and Others (CC35/2007) [2009] ZAECBHC 17 (13 May 2009)

S v Mcaphukisi and Others (CC35/2007) [2009] ZAECBHC 17 (13 May 2009)

Upon reconsideration of the grounds of appeal, the rulings made during the trial, and the judgments and sentences, the court is not persuaded that there are reasonable prospects of success on appeal. The applications for leave to appeal against the judgments and sentences in respect of all counts are refused.

Citation
[2009] ZAECBHC 17
Parties
Applicant: Luvuyo Mcaphukisi; Applicant: Lizo Lumbe; Applicant: Lindile Magi; Respondent: The State
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
13 May 2009
Case Number
CC35/2007
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Conviction and Sentence
Outcome
Applications for leave to appeal refused.
Judges
AEB Dhlodhlo
Legal Topics
Leave to Appeal, Prospects of Success, Conviction and Sentence
Criminal Law Leave to Appeal Prospects of Success Conviction and Sentence

Case Brief

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Parties

Luvuyo Mcaphukisi

Applicant

Lizo Lumbe

Applicant

Lindile Magi

Applicant

The State

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against their convictions and sentences.
  2. 2 Whether leave to appeal should be granted to the applicants on all counts.

Ratio Decidendi

Upon reconsideration of the grounds of appeal, the rulings made during the trial, and the judgments and sentences, the court is not persuaded that there are reasonable prospects of success on appeal. The applications for leave to appeal against the judgments and sentences in respect of all counts are refused.

Court Disposition

Applications for leave to appeal refused.

Orders

  • The applications for leave to appeal against the judgments and sentences in respect of all counts are refused.