About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Western Cape High Court, Cape Town
SAFLII
>>
Databases
>>
South Africa: Western Cape High Court, Cape Town
>>
2010
>>
[2010] ZAWCHC 488
|
|
Mangena v S (SS26/2006) [2010] ZAWCHC 488 (13 October 2010)
IN THE HIGH COURT OF
SOUTH AFRICA
(WESTERN CAPE HIGH COURT,
CAPE TOWN)
CASE
NUMBER
SS26/2006
DATE
:
13 OCTOBER 2010
In the matter between:
SYDNEY
MANGENA
….....................................................................
Applicant
and
THE STATE
…...............................................................................
Respondent
JUDGMENT
(Application for leave
to appeal)
DLODLO. J:
Having heard both
counsel in this application, it is ordered as follows:
1. There exist no
reasonable prospects that a differently constituting court would
come to a conclusion different from the one
I arrived at as far as
conviction is concerned.
2. However, sentence
being the most difficult part with any criminal trial, it is almost
always possible that the Appeal Court
may very well come to the
conclusion that it needs to be interfered with.
3. Leave to appeal in
respect of conviction is refused.
4. Leave to appeal
against sentence is, however, granted and is to be heard by the full
court of this division.
DLODLO,
J