Williams v S (SS104/2002) [2009] ZAWCHC 19 (10 February 2009)

Williams v S (SS104/2002) [2009] ZAWCHC 19 (10 February 2009)

The court found that the application for leave to appeal was filed out of time but condonation was granted. However, the court held that there were absolutely no merits in the application and no reasonable prospect that another court would interfere with either the conviction or the sentence. Accordingly, the application for leave to appeal was dismissed.

Citation
[2009] ZAWCHC 19
Parties
Applicant: Deon Williams; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
10 February 2009
Case Number
SS104/2002
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Conviction and Sentence
Outcome
Application for leave to appeal dismissed.
Judges
Veldhuizen
Legal Topics
Leave to Appeal, Condonation, Murder, Housebreaking, Sentence
Criminal Law Leave to Appeal Condonation Murder Housebreaking Sentence

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Deon Williams

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Conviction and Sentence

Legal Issues

  1. 1 Whether leave to appeal against conviction and sentence should be granted.
  2. 2 Whether condonation for late filing of the application should be allowed.
  3. 3 Whether there are reasonable prospects that another court would interfere with the conviction or sentence.

Ratio Decidendi

The court found that the application for leave to appeal was filed out of time but condonation was granted. However, the court held that there were absolutely no merits in the application and no reasonable prospect that another court would interfere with either the conviction or the sentence. Accordingly, the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • Condonation for late filing is granted, but the application fails on the merits.