South Africa: South Gauteng High Court, Johannesburg

IN THE HIGH COURT OF SOUTH AFRICA

[SOUTH GAUTENG HIGH COURT. JOHANNESBURG]

CASE NO: CC30/2003

DATE: 1 APRIL 2011

In the matter between

OESHWIN BARLOW..............................................................................................................Appellant

And

THE STATE

JUDGMENT

(Application leave to appeal)

MABESELE J

This Is an opposed application for leave lo appeal against convictions on the grounds that the state did not prove the guilt of the accused beyond reasonable doubt on the counts of murder and attempted murder.

Secondly, the accused contends that the element of intention to permanently deprive the deceased of his firearm was not proved beyond reasonable doubt In that the accused Intended to hand himself over to the police, together with the firearm In question.

After I had considered the arguments raised and submissions made by both counsel, I am of the view that another court may' come to a different conclusion Therefore leave to appeal against CONVICTIONS to the full bench of the South Gauteng High Court Is GRANTED.

The accused's bail is therefore extended until such time that his appeal Is finalised.