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Direkteur van Openbare Vervolgings Kaap die Goeie Hoop v Retief (8689/08) [2008] ZAWCHC 256 (29 August 2008)
The State sought leave to appeal against a suspended sentence imposed after guilty pleas to theft and fraud, but the High Court dismissed the application and ordered costs against the State.
S v Kellerman (218/96) [1996] ZASCA 139; ; [1997] 1 All SA 127 (A); (27 November 1996)
The Supreme Court of Appeal held that section 310A of the Criminal Procedure Act did not abolish the established practice whereby, upon notice of appeal and notification by the State of its intention to seek sentence enhancement, the accused could not withdraw the appeal without leave of the appeal court. The appellant's purported withdrawal of his appeal was therefore invalid, and the court a quo was competent to consider and order an increase in sentence. The court further found that the seriousness of the offences, the appellant's abuse of his position as a police officer, and the absence…
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