Karpovska v The State

The appellant was charged in the Bellville Specialised Commercial Court with four counts of fraud, one count of contravening the Prevention of Organised Crime Act 121 of 1998, and one count of contravening the Financial Advisory and Intermediary Services Act 37 of 2002. She was convicted on three counts of fraud and acquitted on the remaining charges. For count 1 she received a wholly suspended sentence of eight years’ imprisonment, subject to conditions including repayment of R1.755 million, and for counts 3 and 4 she was sentenced to correctional supervision. Her application for leave to appeal against the convictions was refused by the regional magistrate. On petition to the Western Cape High Court, leave to appeal was granted only in respect of count 3. The Supreme Court of Appeal granted special leave to consider whether the High Court should have granted leave to appeal in respect of counts 1 and 4.

The appeal against the refusal of the petition for leave to appeal in respect of counts 1 and 4 was dismissed.

The case reaffirms the approach of South African appellate courts to applications for leave to appeal in criminal matters, particularly the requirement that an applicant demonstrate reasonable prospects of success. It underscores the deference appellate courts show to trial courts’ credibility findings and factual assessments.