Hlalele v S (CA17/2021)
Hlalele v S (CA17/2021) [2022] ZANWHC 23 (14 July 2022)
The court found that the charge against the appellant was incorrectly formulated under the common law, which had been repealed by Act 32 of 2007. The conviction was amended to reflect the statutory offence. The Regional Magistrate materially misdirected himself by imposing a twenty-year sentence without citing or explaining the relevant statutory provisions, and by misapplying section 51(2) of the Criminal Law Amendment Act. The appellant, as a first offender, should have faced a minimum sentence of ten years' imprisonment under section 51(2)(b). The court granted condonation for the late fil…
Source excerpt
- Minimum Sentences
- Housebreaking With Intent To Rape
- Rape Statutory Definition
- Condonation
- Sentencing Discretion
- Charge Formulation