Synopsis:
Criminal law – appeal against conviction – attack based on
factual findings – no constitutional issue arising – application
dismissed – unacceptable delay in obtaining the trial record.
Application for leave to appeal against a judgment of the North West High Court. The applicant sought leave to appeal against his conviction for the crimes of murder, robbery with aggravating circumstances and the possession of an unlawful firearm and ammunition. It was held that the application did not raise any constitutional matter. The Court dismissed the application because it sought to attack the factual findings of the High Court. Regarding delays in the finalisation of the record, the Court found that delays may infringe the fair trial rights of an accused or sentenced person. However, the Court made no definitive determination on this.
Judgment: the Court (unanimous).
Coram: Skweyiya ADCJ, Cameron J, Dambuza AJ, Froneman J, Jafta J, Madlanga J, Mhlantla AJ, Nkabinde J and Zondo J.
