S v Malherbe (829/18) [2019] ZASCA 120 (25 September 2019)

Flynote

Criminal Procedure – appeal against refusal by the high court to grant
leave to it to appeal on petition – issue is whether the appellant has reasonable
prospects of success on appeal and not the merits of the appeal – reasonable
prospects of success present if a sound, rational, basis exists for the conclusion that the
appellant has prospects of success on appeal.


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