S v Barnard (1) (469/02)
S v Barnard (1) (469/02) [2003] ZASCA 65 (30 May 2003)
The Supreme Court of Appeal found that the trial court and the court a quo materially misdirected themselves in several respects, including their assessment of the appellant's remorse, the offer to repay the stolen money, and the appropriateness of correctional supervision. The trial court failed to properly consider sentencing options under s 276 of the Criminal Procedure Act, unduly limiting its discretion to direct imprisonment or correctional supervision under s 276(1)(h). The appellate court held that, given the appellant's guilty plea, first offender status, offer and subsequent repayme…
Source excerpt
- Sentencing Discretion
- Correctional Supervision
- Employee Theft
- Remorse
- Mitigating Factors