Allan Aubrey Boesak v The State

Applied to support the principle that the development of, or failure to develop, a common-law rule by the SCA may constitute a constitutional matter if…

Applied to explain that the presumption of innocence requires the state to prove guilt beyond reasonable doubt.

Cited for the proposition that prospects of success are not necessarily determinative of the interests of justice in applications for leave to appeal.

Court applies the principle in para 24 regarding the consequences of an accused's failure to testify when the State has established a prima facie case.

The Court cites Boesak on general principles relating to when a constitutional matter is raised in a non-constitutional court.

Cited to illustrate that an ordinary appeal on the facts does not normally attract the Constitutional Court's jurisdiction.

Cited for the principle that prospects of success are not decisive in determining whether to grant leave to appeal.

Cited for the principle that in considering leave to appeal, prospects of success are an important aspect but not the only factor in the interests of justice…

The Court applies the principle from Boesak that the question of whether the interpretation of legislation or development of common law promotes the Bill of…

Cited for the requirements for granting leave to appeal relating to constitutional issues and interests of justice.

Applied for the principle that a challenge based solely on factual findings does not raise a constitutional issue and for the principle concerning development…

Court applies the principle that a challenge to a finding of fact does not in itself amount to a constitutional issue.

Cited for the principle that although an accused is under no obligation to testify, if there is evidence calling for an answer and the accused remains silent,…

Applied for the principle that the interests of justice in determining leave to appeal involves balancing all relevant factors.

Cited for the principle that an appeal against purely factual findings does not ordinarily raise a constitutional matter.

Cited for the principle that strong prospects of success weigh in favour of granting leave to appeal.

Boesak is followed for the propositions that raising a constitutional issue is not decisive and that issues concerning the scope and proper exercise of…

Applied to identify guiding principles for what constitutes a constitutional matter: challenge to fact finding alone is not constitutional; development or…

Cited to emphasize the principle that an accused has the right to remain silent, but should be aware of the consequences of exercising this right.

Cited for the proposition that prospects of success are important but not the only enquiry in deciding whether to grant leave to appeal.

Applied to confirm that a court is entitled to find that the State has proved a fact beyond reasonable doubt if a prima facie case has been established and the…

Applied for the proposition that a non-constitutional challenge cannot be clothed in constitutional garb, and by analogy that a factual challenge cannot be…

Cited for the proposition that where money is held in trust and misappropriated, theft is committed unless the accused has a liquid fund large enough to repay.

Boesak is applied to explain that leave to appeal is a matter of discretion based on the interests of justice, with prospects of success an important factor.

Applied for the principle that determination of interests of justice calls for consideration of numerous factors including prospects of success.

Cited as example that it is generally not in the interests of justice to grant leave where there are no reasonable prospects of success on the merits.

Court applied S v Boesak to support the proposition that where the application for leave to appeal depends on the prospects of eventual success, the parties…

Cited for the principles governing when the interests of justice warrant granting leave to appeal.

The court applied the principle from S v Boesak that while an accused is under no obligation to testify, a court may conclude that evidence is sufficient in…

Cited as one of a string of cases establishing guiding principles for determining the interests of justice in applications for leave to appeal.

Court applies the principle from this case that onus is determined by substantive law, not procedure, citing E M Grosskopf JA's statement that the incidence of…

Applied for the principle that straight application of law without a constitutional question is not a constitutional issue.

Cited for the principle that the decision whether to grant or refuse leave to appeal is a matter for the discretion of this Court and that leave will be…

Cited for the principle that this Court grants leave to appeal when the applicant raises a constitutional issue and it is in the interests of justice.

Court applies the principle that a cross-examiner must put their defence explicitly and unambiguously to the witness on each aspect they wish to place in issue.

Cited for the principle that it is critical to appreciate the nature of the issue involved when deciding jurisdictional questions, and that a challenge on…

Cited to establish the test for when leave to appeal should be granted by the Constitutional Court.

Boesak is cited for the principle on when leave to appeal may be refused if not in the interests of justice.

Cited to establish the common law principle that every interference with physical liberty is prima facie unlawful.

Court cites the principle that disagreement with a court's assessment of facts is not a breach of the right to a fair trial and does not constitute a…

Court applies this decision's guidance on interpreting 'interests of justice' for Constitutional Court appeals.

This Court recognised that the development of the common law in line with the values of the Constitution constitutes a constitutional issue.

Cited for the principle that leave to appeal requires finding constitutional issue and interests of justice, prospects of success are important but not sole…

Cited on whether the issue is a constitutional matter.

Applied to establish that an accused who chooses to remain silent in the face of evidence calling for an answer runs the risk that the evidence may be…

Applied to support the finding that the applicant's constitutional right not to be detained arbitrarily or without just cause under section 12(1)(a) is…

Cited alongside S v Chabalala to support the principle that an accused's silence in the face of credible evidence strengthens the prosecution's case.

Applied for the principle that a complaint that a criminal court has erred on the facts does not, on its own, constitute a constitutional matter.

The case is cited for the principle that where there is prima facie evidence implicating an accused, an evidentiary burden is imposed on the accused to adduce…

Cited for the proposition that prospects of success are an important aspect of the interests of justice enquiry in applications for leave to appeal.

Cited for the proposition that the Constitutional Court has refused to hear matters that only concern factual disputes.

Cited for the test of prospects of success for leave to appeal applications.

Cited for the test for granting leave to appeal in the Constitutional Court.

Applied to explain that prospects of success are an important aspect of the interests of justice enquiry when deciding whether to grant leave to appeal.

Applied for the requirements for leave to appeal to the Constitutional Court, including constitutional jurisdiction and reasonable prospects of success.

Cited for the proposition that the Constitution provides no definition of 'constitutional matter' and for the discussion of what constitutes a constitutional…

Applied to determine whether leave to appeal should be granted by considering if the application raises a constitutional issue and if it is in the interests of…