The appellant, Jewell Crossberg, was convicted in the Transvaal Provincial Division of one count of murder and four counts of attempted murder, arising from a shooting in which one person was killed and four others were shot at with intent to kill. He was sentenced to an effective term of 20 years’ imprisonment. After conviction and sentence, his application for leave to appeal and for bail pending such application were refused by the trial court on the basis that there were no reasonable prospects of success on appeal. The Supreme Court of Appeal subsequently granted leave to appeal against the convictions. Despite the State indicating it would not oppose a fresh bail application, procedural delays and the absence of signed judgments prevented such an application from being finalised. The appellant therefore appealed to the Supreme Court of Appeal against the original refusal of bail and sought condonation for the late filing of that appeal.
Condonation for the late filing was granted; the appeal against the refusal of bail was upheld; the trial court’s order was set aside and substituted with an order granting the appellant bail in the amount of R50 000, subject to strict conditions, pending finalisation of his appeal.
The case affirms the principles governing bail after conviction and pending appeal, particularly that prospects of success are an important but not exclusive consideration. It underscores the constitutional importance of personal liberty, the urgency with which bail applications must be treated, and the SCA’s willingness to intervene where continued detention is not justified in the interests of justice.