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South Africa decisions
Decisions matching the current search
S v Tsokela (A930/2014) [2015] ZAGPPHC 18 (8 January 2015)
On special review, the High Court confirmed Tsokela’s conviction and sentence for possession of breaking implements, but set aside the firearm unfitness order.
S v Seruoe (99/2011) [2011] ZAFSHC 68 (24 March 2011)
The court held that section 282 of the Criminal Procedure Act does not empower trial courts to antedate sentences. Instead, if the interests of justice require, the sentencing court may deduct the period spent in custody from the sentence it considers appropriate. The trial magistrate erred in antedating the sentence. Furthermore, the court observed that the record did not show that the required enquiry under section 103(2)(a) of the Firearms Control Act was conducted before declaring the accused fit to possess a firearm. Such an enquiry is mandatory and must be conducted in all applicable ca…
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