Venter v S (A611/2011; A624/2014) [2016] ZAGPPHC 1082 (15 December 2016)
- Citation
- [2016] ZAGPPHC 1082
- Status
- Order
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- De Vos, Tshabalala
- Case number
- A611/2011; A624/2014
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- De Vos, Tshabalala
- Case number
- A611/2011; A624/2014
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The presiding judges were unable to reach consensus as to whether the appeal against conviction should be upheld or dismissed. In accordance with procedural requirements, the matter is postponed sine die for adjudication by a full court of the division.
Court disposition
No final decision on the merits; appeal postponed sine die for adjudication by a full court.
Orders
- The presiding judges are unable to pronounce judgment in this matter.
- The appeal is postponed sine die for adjudication by a full court of this division.
02
Material facts
Parties
Johannes Jacobus Venter
AppellantThe State
Respondent03
Procedural history
Posture
Criminal Appeal / Appeal Hearing Before Division; Unable to Reach Consensus
04
Questions and positions
Legal issues
Whether the appeal against conviction should be upheld or dismissed.
Party arguments
- Applicant
- Counsel for the appellant argued for the appeal against conviction to be upheld, relying on the record of proceedings and relevant submissions.
- Respondent
- Counsel for the respondent argued for the conviction to be sustained, relying on the record and opposing submissions.
05
Court’s reasoning
Legal principles
- 01
High Court procedural practice
Where the presiding judges are unable to reach consensus on the outcome of an appeal, the matter must be postponed for adjudication by a full court.
06
Ratio, limits and disposition
Ratio decidendi
The presiding judges were unable to reach consensus as to whether the appeal against conviction should be upheld or dismissed. In accordance with procedural requirements, the matter is postponed sine die for adjudication by a full court of the division.
Court disposition
No final decision on the merits; appeal postponed sine die for adjudication by a full court.
- The presiding judges are unable to pronounce judgment in this matter.
- The appeal is postponed sine die for adjudication by a full court of this division.
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
Order
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
15/12/16
CASE NO: A61 l/2011 & A624/2014
PRETORIA
BEFORE THE
HONOURABLE MR JUSTICE DE VOS
and
BEFORE THE HONOURABLE MR ACTING JUSTICE TSHABALALA
In the matter between:
JOHANNES
JACOBUS VENTER Appellant
and
THE STATE Respondent
After hearing counsel on behalf of the Appellant and the Respondent respectively, and after reading the record of proceedings, the
Presiding Judges are unable to reach consensus as to whether the appeal against conviction should be upheld or dismissed. Accordingly,
IT
IS ORDERED THAT
1. The Presiding Judges are unable to pronounce judgement in this matter. In light thereof the appeal is postponed sine die for adjudication by a Full Court of this Division.
______
DE
VOS J
JUDGE
OF THE HIGH COURT
I agree.
TSHABALALA
AJ
ACTING
JUDGE OF THE HIGH COURT
Dated at PRETORIA on 09 DECEMBER 2016.
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