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South Africa decisions
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S v Pokola (Special Review) (CA&R 38/2023) [2023] ZANCHC 63; 2023 (2) SACR 643 (NCK) (24 August 2023)
High Court review of a magistrate’s departure from a plea and sentence agreement under section 105A of the CPA, resulting in the conviction and sentence being set aside.
S v Wessels (62/2019) [2019] ZAFSHC 67 (23 May 2019)
On automatic review, the High Court held that a plea and sentence agreement was invalid because the accused was unrepresented when it was concluded.
Jansen v The State (40043/14; 229/14) [2015] ZASCA 151; 2016 (1) SACR 377 (SCA) (2 October 2015)
The Supreme Court of Appeal held that a court may not depart from a plea and sentence agreement without first telling the parties it considers the proposed sentence unjust.
S v Nel (A352/07) [2008] ZAGPHC 43 (28 January 2008)
The court found that the Magistrate had strictly complied with the requirements of section 105A of the Criminal Procedure Act. The appellant was legally represented throughout, confirmed his plea and the agreement freely and voluntarily, and no evidence of undue influence or irregularity was presented. The appellant's current version was not raised before the Magistrate and was considered an afterthought. The record showed that the appellant's constitutional rights were protected and that the proceedings were procedurally faultless. No grounds for review or interference under section 24 of th…
Source excerpt
S v Mashiyana (218/2006) [2006] ZAFSHC 112 (9 March 2006)
The High Court amended a magistrate’s sentence on special review to correct a bona fide drafting error in a plea and sentence agreement.
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