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Criminal Law [2018] ZAFSHC 208

Nyaku v S (A212/2018)

Nyaku v S (A212/2018) [2018] ZAFSHC 208; 2020 (2) SACR 102 (FB) (22 November 2018)

The court held that although the appellant was convicted of multiple-rape and the facts justified a life sentence, the Mahlase-dictum, as binding precedent, precluded sentencing under section 51(1) where not all perpetrators were tried together. The charge was properly amended under section 86 of the CPA, and the appellant was not prejudiced, having been represented and informed of the consequences. The court found that the conviction must be deemed under section 51(2)(b), but, exercising its inherent jurisdiction, confirmed the life sentence as appropriate given the gravity of the offence an…

  • Minimum Sentencing
  • Multiple Rape
  • Application Of Section 86 Cpa
  • Doctrine Of Precedent
  • Fair Trial Rights
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