Mans v Minister van Korrektiewe Dienste en Andere (2007/17113)
Mans v Minister van Korrektiewe Dienste en Andere (2007/17113) [2008] ZAGPHC 22 (30 January 2008)
The court held that the statutory maximum period of detention for an habitual criminal is 15 years, in line with constitutional principles and S v Niemand. Sentences for offences committed before the declaration as habitual criminal and falling within the same generic group (fraud and theft) must terminate at the end of the 15-year period. However, sentences for offences committed after the declaration must run concurrently with the 15-year period, and any balance remaining after 15 years must still be served, subject to parole. The applicant is entitled to remission for information provided,…
Source excerpt
- Habitual Criminal Detention
- Sentence Concurrency
- Parole Eligibility
- Statutory Interpretation
- Promotion Of Administrative Justice Act