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South Africa Case Law

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Criminal Law [2019] ZAGPJHC 259

S P v S (109/2018)

S P v S (109/2018) [2019] ZAGPJHC 259 (7 August 2019)

Court
South Gauteng High Court, Johannesburg
Case number
109/2018
Judges
L R Adams, D Fisher

The Regional Magistrate misdirected himself by imposing a fifteen-year non-parole period, which exceeded the statutory maximum permitted under section 276B(1)(b) of the Criminal Procedure Act. Furthermore, the accused was not forewarned nor given an opportunity to present argument regarding the non-parole order, violating procedural fairness. The imposition of the non-parole period was both unlawful and constitutionally invalid, infringing the accused's right to freedom under section 12(1)(a) of the Constitution. There were no exceptional circumstances justifying a non-parole order, and remit…

Source excerpt

  • Non Parole Order
  • Criminal Procedure Act Section 276b
  • Review Of Magistrates Court
  • Constitutional Right To Freedom
  • Sentencing Irregularity
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Criminal Law [2018] ZAKZPHC 42

Yalo v S (AR 644/2017)

Yalo v S (AR 644/2017) [2018] ZAKZPHC 42 (31 August 2018)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
AR 644/2017
Judges
Mbatha, Chili

The appeal succeeded to the extent that the trial court erred by imposing a non-parole period under Section 276B of the Criminal Procedure Act without inviting submissions from the parties or establishing exceptional circumstances. The Supreme Court of Appeal and Constitutional Court have held that a non-parole order should only be made in exceptional circumstances, following proper investigation and legal submissions. The trial court's failure to do so constituted a misdirection. The order fixing a non-parole period was set aside, but the sentence of fifteen years' imprisonment was confirmed.

Source excerpt

  • Rape
  • Non Parole Period
  • Sentencing Discretion
  • Exceptional Circumstances
  • Criminal Procedure Act Section 276b
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.