Tuta v S (CC15/2019) [2020] ZAGPPHC 114 (11 March 2020)
- Citation
- [2020] ZAGPPHC 114
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- BAM
- Case number
- CC15/2019
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- BAM
- Case number
- CC15/2019
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court refused leave to appeal on the basis that no new arguments were presented and that the applicant failed to demonstrate reasonable prospects of success on appeal regarding both conviction and sentence. The judge confirmed reliance on the reasoning in the original judgments and found no basis to alter the outcome.
Court disposition
Application for leave to appeal refused.
Orders
- The application for leave to appeal is refused.
02
Material facts
Parties
The State
RespondentLichayiya Tuta
Applicant03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal
04
Questions and positions
Legal issues
- 01
Whether there are reasonable prospects of success on appeal regarding conviction and sentence.
- 02
Whether any new arguments were advanced warranting reconsideration of the merits or sentence.
Party arguments
- Applicant
- The applicant sought leave to appeal against both conviction and sentence, but did not advance any new arguments beyond those previously considered in the main judgment.
- Respondent
- The respondent opposed the application, contending that no new grounds were raised and that the prospects of success on appeal were not reasonable.
05
Court’s reasoning
Legal principles
- 01
S v Smith 2012 (1) SACR 567 (SCA)
Leave to appeal should only be granted where there are reasonable prospects that another court may come to a different conclusion.
- 02
S v Mathebula 2010 (1) SACR 55 (SCA)
The absence of new arguments or grounds reduces the likelihood of success on appeal.
06
Ratio, limits and disposition
Ratio decidendi
The court refused leave to appeal on the basis that no new arguments were presented and that the applicant failed to demonstrate reasonable prospects of success on appeal regarding both conviction and sentence. The judge confirmed reliance on the reasoning in the original judgments and found no basis to alter the outcome.
Obiter and limits
- The judge noted uncertainty about whether the original judgment had been signed and transcribed but affirmed that the reasons for refusal remained unchanged.
- The court reiterated that the absence of new arguments is a significant factor in refusing leave to appeal.
Court disposition
Application for leave to appeal refused.
- The application for leave to appeal is refused.
Source and reliance status
North Gauteng High Court, Pretoria
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Judgment
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
Case Number: CC15/2019
The State
versus
LICHAYIYA
TUTA
Accused
JUDGMENT: APPLICATION FOR LEAVE TO APPEAL (DUPLICATE)
BAM, J
1. The application for leave to appeal was lodged on 13 December 2019. The application was refused. The Judgment was recorded on the same date and should have been transcribed by the transcribers.
2. Although I cannot recall whether I have received and signed that judgment at this point in time, I probably did.
3. The reasons for refusing the application for leave to appeal can be summarised as follows:
(i) I referred to my judgments on the merits and the sentences and mentioned that I have nothing to add, in view thereof that no new arguments were advanced.
(ii) In my view there were no reasonable prospects of success on appeal, concerning both the convictions and sentences.
4. I am still of the same view.
AJ
BAM
JUDGE
OF THE HIGH COURT
11 March 2020
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