An application to withdraw a Notice of Abandonment of appeal under r 9 of the Supreme Court Criminal Appeal Rules 1996 (SA) requires consideration of the circumstances affecting the quality of the decision to abandon the appeal and the prospects of success of the proposed appeal. The merits of the proposed grounds of appeal are an important consideration and may be determinative. Evidence that the recipient of an unannounced telephone call identified himself by name is admissible as an item of circumstantial evidence from which it can be inferred that the number dialled was associated with a person of that name.
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