Petition For Leave To Appeal

Below is a rough outline of a Petition For Leave To Appeal in terms of Section 309C Act 51 of 1977. Click On the Links Below to see actual court documents which you can edit and which is the full monty...

Randall Johnson Vs The State, Rihan Moolah Vs The State, Romeo Thys Vs The State.

 

IN THE HIGH COURT OF SOUTH AFRICA (CAPE OF GOOD HOPE LOCAL DIVISION)

CASE NUMBER: GSH (4) 44/05

In the matter between

RANDALL JOHNSON (PETITIONER)

And

THE STATE (RESPONDENT)

___________________________________________________________________________________________________
PETITION FOR LEAVE TO APPEAL AGAINST CONVICTION AND SENTENCE IN TERMS OF SECTION 309C OF ACT 51 OF 1977
___________________________________________________________________________________________________

TO THE HONORABLE JUDGE PRESIDENT, CAPE GOOD HOPE PROVINCIAL DIVISION OF THE HIGH COURT OF SOUTH AFRICA AND THE OTHER HONORABLE JUDGE(S) TO WHOM THIS PETITION MAY BE REFERRED TO BY THE HONORABLE JUDGE PRESIDENT.

The petition of RANDALL JOHNSON

Herein represented by A KIRSTEN Attorney, humbly submit that:
Your Petitioner is a 26 year old male presently serving two sentences of 15 years imprisonment (30 years cumulatively) at Brandvlei prison, imposed on him in hoc casu.

Your petitioner was charged in the Bellville Regional Court (also known as the Backlog Court situated at the new Specialized Commercial Court ) on 2 counts of Murder. Your petitioner, who was represented by his attorney of record, pleaded not guilty on both counts and was thereupon tried and convicted on the 6 December 2007 before learned Regional Court Magistrate MR F. BOTES. Who sentenced your petitioner on the same date to 15 years imprisonment on each count, cumulatively thus to 30 years imprisonment.

An application on behalf of your petitioner for leave to appeal, against both conviction and sentence, pursuant to the provisions of Section 309B of Act 51 of 1977 in respect of the conviction and sentence was made on the 19 February 2008, by his attorney of record, which application was then refused. Your petitioner humbly draws attention to the fact that this petition is for leave to appeal against the conviction and sentence and such ancillary relief as may deem fit.

Summary of Proceedings and Evidence
Your petitioner humbly shows a summary of proceedings is a quo:

Evidence in chief of : [Witness 1]:
Cross Examination of [Witness 1]
[Describe all the witnesses briefly]

Your Petitioners Evidence
Your Petitioner Cross Examination

Admissions: [if any]

The Judgment
[Describe the magistrates reasons for Judgment]

The Sentence
[Reasons For Sentence]

Your petitioner humbly submits that the Learned Regional Court Magistrate erred in the above Judgment and Sentence in that:

AD JUDGMENT
[Give the errors here]

AD SENTENCE
[Give the errors here]

Grounds of Petition

It is respectfully submitted that a Court of Appeal may acquit your petitioner, alternatively lessen the sentence of your petitioner, because there is a reasonable prospect that such a Court may find that the Honorable Court a quo erred in fact and/or law in one, the other or all of the following aspects:

AD Conviction:
[Now Give the grounds]

AD Sentence
[Now give the grounds]

Reasonable Prospect Of Success

Your Petitioner humbly submits that he has a reasonable prospect of success on conviction as well as sentence.

Therefore Your Petitioner humbly prays that it may please His Lordship, The Honorable Judge President, Cape of Good Hope Provincial Division Of The High Court Of South Africa and/or The Other Honorable Judge(s) to whom this petition may be referred, to grant an order:

.1 Granting Your Petitioner Leave to Appeal against the Conviction;
.2 Granting Your Petitioner Leave to Appeal against the Sentence.
.3 Affording Your Petitioner such other or alternative relief as His Lordship, The Honorable Judge President, Cape of Good Hope Provincial Division Of The High Court Of South Africa and/or The Other Honorable Judge(s) to whom this petition may be referred, may deem fit.

AND YOUR PETITIONER AS IN DUTY BOUND WILL HUMBLY PRAY
DATED AT CAPE TOWN ON THIS THE 21 DAY OF FEBRUARY 2008

___________________________________
ANDRE KIRSTEN
ATTORNEY FOR THE PETITIONER
ANDRE KIRSTEN
ATTORNEY FOR PETITIONER
LEGAL AID BOARD
CAPE TOWN JUSTICE CENTRE
5TH FLOOR, NEDBANK BUILDING
ST. GEORGES MALL
CAPE TOWN

TO THE REGISTRAR

Cape Of Good Hope Provincial Division of the High Court of South Africa

AND TO: Clark of the Court: Bellville, Magistrates Court

Voortrekker Road, Bellville