S v Joubert (A149/09)
S v Joubert (A149/09) [2009] ZAGPPHC 72 (2 March 2009)
The referral of the accused to the regional court for sentence under section 122(C)(2)(a) was unlawful because the accused pleaded not guilty and did not admit all allegations. The proper procedure was to refer the matter under section 116 after trial, with the regional magistrate requesting reasons for conviction and reconstruction of the record. In the absence of a reconstructed record and reasons for conviction, the conviction cannot be set aside at this stage. The matter must be referred back to the magistrate's court for proper procedure and record reconstruction. Only if reconstruction…
Source excerpt
- Criminal Procedure Act Section 122
- Referral For Sentence
- Record Reconstruction
- Irregularities In Proceedings