Gama v S (P126/2012) [2014] ZAGPPHC 399 (9 June 2014)

30 Reportability
Criminal Procedure

Brief Summary

Criminal Procedure — Leave to appeal — Refusal of petition for leave to appeal against conviction and sentence — Appellant contending that the magistrate erred in conviction and sentencing — Court finds no reasonable possibility that another court would reach a different conclusion — Leave to appeal dismissed.

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[2014] ZAGPPHC 399
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Gama v S (P126/2012) [2014] ZAGPPHC 399 (9 June 2014)

IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION. PRETORIA
Case number: P126/2012
Date: 9 June 2014
In the matter between:
MZAWAKHE
THOMAS
GAMA
.............................................................................................
Appellant
and
THE
STATE
......................................................................................................................
Respondent
JUDGMENT
PRETORIUS
J.
[1]
The court has considered the leave to appeal against refusal of
petition.
[2] This court has
considered the magistrate’s comprehensive judgment on the facts
and the sentence. The court finds that
there is no reasonable
possibility that another court will come to a different conclusion on
both conviction and sentence.
[3] The court cannot find
that the magistrate erred when convicting and sentencing the
applicant.
[4] The applicant’s
leave to appeal against the refusal of the petition is dismissed
against both conviction and sentence.
C Pretorius
Judge of the High
Court
I agree,
R G Tolmay
Judge of the High
Court
Case number:P126/2012
Heard on: 9 June 2014
For the Appellant: Adv
Nel
Instructed by: Legal Aid
South Africa
For the Respondent: Adv
Coetzer
Instructed by: Director
of Public Prosecutions
Date of Judgment: 9 June
2014