Court Code
NAHCMD

Criminal Procedure-Guilty Plea- Section 112 (1) (a) of the Criminal Procedure Act 51 of 1977 intended for the disposal of “trivial”, “minor” or not “serious”

Criminal Procedure – Application for leave to appeal – Application lacks averments of prospects of success on appeal and reasons why applicant thinks the Supreme Court will come to a different conclusion – Notice does not state proper and specific grounds – No averments of reasonable prospects of success on appeal – Application does not comply with crucial legal requirements laid down by case law and rule 115(2) of the High Court Rules – Points

Appeal – Conviction and Sentence – Application for condonation – late filing of notice of appeal – Requirements to be met – Reasonable explanation and prospects of success – Court finding explanation not reasonable and no prospects of success on appeal – Court a quo not misdirecting itself in convicting appellant and in imposing the sentence – Application for condonation declined – Matter struck from the roll.                      

Plea of guilty – Accused pleading guilty to rape – Disputing the insertion of the penis into victim’s vagina – Asserting he inserted his finger into female genitalia of victim – State adducing forensic evidence – Presence of semen intra-vaginally highly indicative of penal insertion.

Applications and motions – Application – Point of law raised in limine – Non-joinder – Test for joinder restated – A person with a direct and substantial interest in the outcome of legal proceedings must be joined to such proceedings as a party.

Prescription – Prescription of claim – Any defect in respect of service can be cured by the entering of opposition by the party served on.