Nqaba v S (CC27/2016) [2018] ZAECPEHC 53 (11 October 2018)
Court
Eastern Cape High Court, Port Elizabeth
Case number
CC27/2016
Judge
Goosen
The court found that the applicant failed to demonstrate real prospects of success in his appeal against conviction and sentence. The trial court's main judgment described the evidence against the applicant as overwhelming, including identification by a police officer and DNA evidence linking the applicant to the crime scene. The applicant did not address the prospects of success in his application or evidence, and the reasons for granting leave to appeal were not available. The court held that the applicant's circumstances, such as supporting a disabled child and discomfort in prison, were n…
Mokgele v S (CA & R 43/2010) [2010] ZANCHC 26 (25 June 2010)
Court
Northern Cape High Court, Kimberley
Case number
CA & R 43/2010
Judge
C J Olivier
The court found that the appellant failed to discharge the onus of proving exceptional circumstances justifying his release on bail. The evidence established a prima facie case against the appellant, including his presence at the scene, attempts to evade police on two occasions, and a previous conviction for robbery. The appellant provided no satisfactory explanation for his conduct or the inconsistencies regarding his address. His personal circumstances, including responsibility for two children and limited income, did not amount to exceptional circumstances. The magistrate's finding of a li…