Van Dalen and Others v S (SS57/2008) [2008] ZAWCHC 86 (21 November 2008)

Van Dalen and Others v S (SS57/2008) [2008] ZAWCHC 86 (21 November 2008)

The court found that the grounds for appeal and special entry were largely unfounded and not supported by the record. The alleged irregularities, including failure to provide reasons, assessor intervention, inhibition of cross-examination, and admission of confession, did not materially affect the verdict. The evidence of conspiracy to commit murder was uncontroverted, as all accused exercised their right to remain silent and the State's evidence remained unchallenged. The confession of accused No 3 was properly admitted, and the contradictions in Mr Swan's evidence were irrelevant to the verdict. The court concluded that there were no reasonable prospects of success on appeal and that...

Citation
[2008] ZAWCHC 86
Parties
Applicant: Emily Van Dalen; Applicant: Angelique Van Dalen; Applicant: Christo Van Dalen; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
21 November 2008
Case Number
SS57/2008
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Special Entry Following Conviction and Sentence
Outcome
Both the application for leave to appeal and the application for special entry are denied.
Judges
Ngewu
Legal Topics
Leave to Appeal, Special Entry, Confession Admissibility, Cross Examination, Credibility of Witnesses, Conspiracy to Commit Murder
Criminal Law Leave to Appeal Special Entry Confession Admissibility Cross Examination Credibility of Witnesses Conspiracy to Commit Murder

Case Brief

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Parties

Emily Van Dalen

Applicant

Angelique Van Dalen

Applicant

Christo Van Dalen

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Special Entry Following Conviction and Sentence

Legal Issues

  1. 1 Whether there are reasonable prospects of success on appeal against conviction for conspiracy to commit murder.
  2. 2 Whether alleged irregularities during trial justify the granting of a special entry.
  3. 3 Whether the confession of accused No 3 was properly admitted.

Ratio Decidendi

The court found that the grounds for appeal and special entry were largely unfounded and not supported by the record. The alleged irregularities, including failure to provide reasons, assessor intervention, inhibition of cross-examination, and admission of confession, did not materially affect the verdict. The evidence of conspiracy to commit murder was uncontroverted, as all accused exercised their right to remain silent and the State's evidence remained unchallenged. The confession of accused No 3 was properly admitted, and the contradictions in Mr Swan's evidence were irrelevant to the verdict. The court concluded that there were no reasonable prospects of success on appeal and that...

Court Disposition

Both the application for leave to appeal and the application for special entry are denied.

Orders

  • The application for leave to appeal is refused.
  • The application for special entry is refused.