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Mangena v S (SS26/2006) [2010] ZAWCHC 488 (13 October 2010)

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IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT, CAPE TOWN)

CASE NUMBER SS26/2006

DATE: 13 OCTOBER 2010

In the matter between:

SYDNEY MANGENA ….....................................................................Applicant

and

THE STATE …...............................................................................Respondent





JUDGMENT

(Application for leave to appeal)




DLODLO. J:



Having heard both counsel in this application, it is ordered as follows:

1. There exist no reasonable prospects that a differently constituting court would come to a conclusion different from the one I arrived at as far as conviction is concerned.




2. However, sentence being the most difficult part with any criminal trial, it is almost always possible that the Appeal Court may very well come to the conclusion that it needs to be interfered with.




3. Leave to appeal in respect of conviction is refused.



4. Leave to appeal against sentence is, however, granted and is to be heard by the full court of this division.



DLODLO, J