South Africa Case Law

Barlow v S (CCT233/15)

Barlow v S (CCT233/15) [2017] ZACC 27; 2017 (2) SACR 535 (CC); 2017 (11) BCLR 1357 (CC) (3 August 2017)

Court

Constitutional Court

Case number

CCT233/15

Judges

Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Mojapelo, Pretorius, Zondo

The Constitutional Court held that although there were inaccuracies and omissions in the trial and Full Court judgments, these did not materially prejudice the applicant's rights to a fair trial or to be informed of the charges. The trial court's errors were inadvertent and did not affect the substance of the convictions or sentences. The Full Court failed to expressly consider the appeal against the theft conviction, but this did not affect the effective sentence imposed, as the sentences for theft and related counts ran concurrently. There were no prospects of success on the constitutional…

Source excerpt

• Fair Trial Rights
• Right To Appeal
• Section 35 Constitution
• Conviction And Sentence
• Judicial Reasoning Errors