S v Boumpoutou (410/21; A924/18)
S v Boumpoutou (410/21; A924/18) [2022] ZAWCHC 167; 2022 (2) SACR 594 (WCC) (1 September 2022)
The court found that the sentence imposed pursuant to the plea and sentence agreement was not lawful, as the Immigration Act prescribes only imprisonment without the option of a fine for the offence charged. The error originated from the charge sheet and was perpetuated in the agreement and sentence. The court held that a plea and sentence agreement is a composite contract, and where the sentence is irregular or incompetent, the entire agreement is void. Severing the conviction from the sentence would be unfair to the accused, who entered into the agreement as a package deal. The prosecutor e…
Source excerpt
- Plea And Sentence Agreement
- Immigration Act Offences
- Invalid Sentence
- Contractual Nature Of Plea Bargain