Soutter v S (60/2018)
Soutter v S (60/2018) [2019] ZAGPJHC 255 (2 August 2019)
The Magistrates Court materially misdirected itself by imposing a non-parole period in excess of the statutory maximum and without inviting submissions from the accused or establishing exceptional circumstances. This constituted an irregularity and rendered the sentencing proceedings not in accordance with justice. The High Court exercised its review powers to set aside the non-parole order and substitute a lawful sentence, as remittal would serve no practical purpose given the time already served and absence of exceptional circumstances.
Source excerpt
- Non Parole Period
- Criminal Sentence Review
- Magistrates Court Irregularity