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Rohde v S (1007/2019) [2019] ZASCA 193

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Rohde v S (1007/2019) [2019] ZASCA 193

17th January 2020

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[1] This is an appeal with the leave of this court against the refusal of the Western Cape Division of the High Court (Salie-Hlophe J) to grant the appellant bail pending an appeal against his conviction and sentence. In a highly published case the appellant was found guilty of the murder of his wife and obstructing the administration of justice in that he concealed the murder to look like a suicide. He was sentenced to 20 years’ imprisonment.

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[2] On 16 April 2019 the court a quo refused the appellant leave to appeal his conviction. The appellant then applied to this court for the noting of a special entry and for leave to appeal against his conviction and sentence. On 2 July 2019 the appellant’s application for a special entry in terms of section 371 (sic) of the Criminal Procedure Act 51 of 1977 (the CPA) was dismissed. (The reference to section 371 is clearly a typographical error and should have been s 317 which entitles an accused person to apply for a special entry if any of the proceedings in the trial court were irregular or not accordance with the law.) This Court, however, granted the appellant leave to appeal against his conviction and the resultant sentence.

 

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