Knight v S (A731/2016)
Knight v S (A731/2016) [2017] ZAGPPHC 455; 2017 (2) SACR 583 (GP) (31 July 2017)
The trial court failed to comply with the mandatory provisions of section 105A(8) of the Criminal Procedure Act by not pronouncing a conviction prior to sentencing the appellant. Additionally, there was no proof provided that the prosecutor was authorised by the National Director of Public Prosecutions to enter into the plea and sentencing agreement, nor was such authorisation mentioned during the proceedings. These omissions constitute fatal irregularities, rendering the conviction and sentence invalid. The record does not reflect a proper conviction, and the respondent's attempt to rely on…
Source excerpt
- Plea And Sentence Agreement
- Section 105a Criminal Procedure Act
- Conviction Pronouncement
- Judicial Matters Amendment Act
- Record Of Proceedings