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[2010] ZAWCHC 489
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S v Mangena (SS26/2006) [2010] ZAWCHC 489 (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