Maree v The State

The appellant was convicted in the Parow Regional Court on charges of rape, sexual assault, attempted sexual offence and exposure of genital organs arising from alleged non-consensual sexual acts against his cousin-in-law in September 2018. He was sentenced to an effective term of 10 years’ imprisonment. His application for leave to appeal was refused by the regional court and, on petition in terms of s 309C of the Criminal Procedure Act 51 of 1977, also refused by the Western Cape High Court. With special leave, he appealed to the Supreme Court of Appeal against the High Court’s refusal to grant leave to appeal.

The appeal was upheld. The order of the High Court refusing leave to appeal was set aside and substituted with an order granting the appellant leave to appeal to the Western Cape Division of the High Court against his conviction and sentence.

The case reaffirms the appellate hierarchy in South African criminal procedure, confirming that the Supreme Court of Appeal cannot hear appeals directly from lower courts on the merits. It clarifies the limited scope of the SCA’s jurisdiction in appeals arising from refusals of leave to appeal and restates the test for reasonable prospects of success under the Criminal Procedure Act.