Sesing v S (A11/2019) [2019] ZAFSHC 9 (25 January 2019)

Sesing v S (A11/2019) [2019] ZAFSHC 9 (25 January 2019)

The court found that the appellant failed to establish exceptional circumstances justifying release on bail as required by section 60(11)(a) of the Criminal Procedure Act. The appellant's personal circumstances, including voluntarily attending the police station and his explanation regarding the R10 000 found with his girlfriend, were deemed commonplace and not exceptional. The evidence indicated that the appellant was identified as the driver of the get-away car and was involved in the robbery with aggravating circumstances. The magistrate's decision was not found to be wrong or materially misdirected, and the court of appeal was not persuaded to interfere. The seriousness of the...

Citation
[2019] ZAFSHC 9
Parties
Applicant: Molefo Aubrey Sesing; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 January 2019
Case Number
A11/2019
Procedural Posture
Bail Appeal / Appeal Against Dismissal of Bail Application
Outcome
The appeal against the dismissal of the bail application is dismissed.
Judges
Daffue
Legal Topics
Bail Application, Exceptional Circumstances, Robbery With Aggravating Circumstances, Criminal Procedure Act, Prima Facie Case
Criminal Law Civil Procedure Bail Application Exceptional Circumstances Robbery With Aggravating Circumstances Criminal Procedure Act Prima Facie Case

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Molefo Aubrey Sesing

Applicant

The State

Respondent

Procedural Posture

Bail Appeal / Appeal Against Dismissal of Bail Application

Legal Issues

  1. 1 Whether the appellant proved exceptional circumstances justifying release on bail under section 60(11)(a) of the Criminal Procedure Act.
  2. 2 Whether the magistrate erred in treating the appellant's circumstances identically to those of his co-accused.
  3. 3 Whether the evidence relied upon by the investigating officer was unsubstantiated.

Ratio Decidendi

The court found that the appellant failed to establish exceptional circumstances justifying release on bail as required by section 60(11)(a) of the Criminal Procedure Act. The appellant's personal circumstances, including voluntarily attending the police station and his explanation regarding the R10 000 found with his girlfriend, were deemed commonplace and not exceptional. The evidence indicated that the appellant was identified as the driver of the get-away car and was involved in the robbery with aggravating circumstances. The magistrate's decision was not found to be wrong or materially misdirected, and the court of appeal was not persuaded to interfere. The seriousness of the...

Court Disposition

The appeal against the dismissal of the bail application is dismissed.

Orders

  • The appellant's appeal is dismissed.