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Poto v S (SS146/2001) [2010] ZAWCHC 417 (4 June 2010)

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IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT. CAPE TOWN)



CASE NO: SS146/2001

DATE: 4 JUNE 2010




In the matter between:



MZOXOLO POTO ….............................................................................APPELLANT

and

THE STATE ….........................................................................................RESPONDENT



JUDGMENT




H J ERASMUS. J:



It is not necessary to deal in detail with the arguments that have been presented to me, I have listened to them and taken them into consideration.



The only question that I have to decide is whether or not there is a reasonable prospect that another court will come to a different conclusion in regard to both the conviction and sentence.

I have come to the conclusion that there is no such reasonable prospect and the APPLICATION FOR LEAVE TO APPEAL IS DISMISSED.








H J ERASMUS, J