The Supreme Court of Appeal dealt with an appeal against the refusal of leave to appeal against sentence in a matter involving robbery with aggravating circumstances, unlawful possession of firearms and ammunition, and theft of a vehicle. It held that the question was whether the appellant had reasonable prospects of success on appeal and upheld the appeal, setting aside the High Court’s refusal of the petition. The Court granted leave to appeal against sentence to a full bench of the KwaZulu-Natal Division of the High Court, Pietermaritzburg.
This may be relevant to criminal law and procedure matters involving special leave, petitions under the Criminal Procedure Act, and appeals against sentence.
Evidence from source
the issue to be determined by this Court is not whether the appeal against conviction and sentence should succeed, but whether the high court should have granted leave
Supports: The Court identified the test as reasonable prospects of success on appeal.