Sellers v S (A535/98) [1998] ZAGPHC 6 (15 September 1998)

Sellers v S (A535/98) [1998] ZAGPHC 6 (15 September 1998)

The court found that the applicant did not demonstrate good and compelling reasons for release on bail as required by section 60(11) of the Criminal Procedure Act. However, the judge acknowledged that there is a reasonable prospect that another court could reach a different conclusion regarding bail, thus establishing reasonable prospects of success on appeal. Consequently, leave to appeal was granted.

Citation
[1998] ZAGPHC 6
Parties
Applicant: Roy Ernest Sellers; Respondent: The State
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
15 September 1998
Case Number
A535/98
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Dismissal of Bail Appeal
Outcome
Leave to appeal is granted.
Judges
Willis
Legal Topics
Bail Application, Prima Facie Case, Criminal Procedure Act Section 60, Leave to Appeal
Criminal Law Civil Procedure Bail Application Prima Facie Case Criminal Procedure Act Section 60 Leave to Appeal

Case Brief

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Parties

Roy Ernest Sellers

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Dismissal of Bail Appeal

Legal Issues

  1. 1 Whether the applicant has shown good and compelling reasons for release on bail under section 60(11) of the Criminal Procedure Act.
  2. 2 Whether there are reasonable prospects of success in an appeal against the refusal of bail.

Ratio Decidendi

The court found that the applicant did not demonstrate good and compelling reasons for release on bail as required by section 60(11) of the Criminal Procedure Act. However, the judge acknowledged that there is a reasonable prospect that another court could reach a different conclusion regarding bail, thus establishing reasonable prospects of success on appeal. Consequently, leave to appeal was granted.

Court Disposition

Leave to appeal is granted.

Orders

  • Leave to appeal against the dismissal of the bail appeal is granted.