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CC49/13/gr 2010.10.02                                                                               JUDGMENT

 

IN THE HIGH COURT OF SOUTH AFRICA

(NORTH WEST HIGH COURT)

VRYBURG

 

CASE NO.: CC 49/13

DATE: 2015.10.02

 

In the  matter  between

 

THE STATE

 

and

 

CLOETE. MATHYS JOHANNES                                                              Accused 1

 

CLOETE. DANIEL NICHOLA.S                                                                 Accused 2

 

JUDGMENT - LEAVE TO APPEAL

 

HENDRICKS J:

 

20        On your behalf applications were made for leave to appeal to either the Full Bench of this division or to the, Supreme Court of Appeal against both the convictions as we!! as the sentences imposed upon you.

 

It is incumbent upon an applicant like yourself to show

25        that there is a reasonable possibility that another court, sitting as court of appeal, might come to a different conclusion with regard to the facts of this matter in as far as the convictions are concerned than what this court had arrived at.  So too, must you show that a reasonable possibility exists that another court may come to a different result or conclusion with regard

 

5          to the applicable sentence which is just and fair, than what this court had arrived at.

 

I have carefully listened to the submissions  by your counsel, as well as counsel for the State and I am of the view that there are no reasonable prospects of success on appeal,10 with regard to both conviction as well as sentence.     Also with regard to the bail.

 

ORDER

 

Therefore the following order is made:

 

Leave to appeal to either the Full Bench of this division

15 or· the  Supreme Court of AppeaI against the convictions, as well as the sentences imposed upon both accused 1 and accused 2 are refused  So too is bail pending a petition for leave to appeal to the Supreme to the Supreme Court of Appeal refused.

 

20

 

25

 

IN THE HIGH COURT OF SOUTH AFRICA

(NORTH WEST DIVISION,MAHIKENG)

 

CASE NO. CC 49/2015

 

 

Held at Vryburg on this the 02^nd day of OCTOBER 2015 BEFORE the Honourable Mr Justice RD Hendricks.

 

In the matter between:

 

MATHYS JOHANES CLOETE                                                  1st Appliant

 

DANIEL NICOLAAS HENDRICK CLOETE                               2nd Applicant

 

and

 

THE STATE                                                                                 Respondent

 

APPLICATION FOR LEAVE TO APPEAL

 

HAVING read all the documents filed of record and having heard submissions by and ADV. STRYDOM on behalf of the Applicants and ADV. RANTSANE on behalf of the Respondent.

 

IT IS ORDERED

 

 

1.         THAT:                        Leave to .Appeal to either the Full Bench :if this division or the Supreme Court of appeal against the Convictions as well as the Sentences imposed upon both Accused l and Accused 2 are refused.

 

2.         THAT:            Bail pending a petition for Leave to Appeal to the SCA in respect of both accused accused are refused

 

BY THE COURT

 

 

 

REGISTRAR

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