IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE TOWN)

In the matter between:

and

JUDGMENT 
Application for Leave to Appeal

The issue in the appeal and the application before us is the identification of the appellant. No identification parade took place and the appellant was identified by the two State witnesses some five months after the event. In doing so, the witnesses relied on their memory and had not given any description of the appellant to the police. The State resisted the application before us on the basis that the two witnesses had sufficient time to identify the appellant, but in our view another Court might reasonably come to a conclusion that the failure of the witnesses to record any description of the appellant, coupled with the time which elapsed before the appellant was identified and the frailty of human memory, may be such as to render their identification suspect.

In the circumstances leave to appeal against the conviction and sentence to the Supreme Court of Appeal is granted.

CLEAVER,J