Kammies v S (CA&R 98/10)
Kammies v S (CA&R 98/10) [2011] ZANCHC 11 (1 July 2011)
The appellate court found that the trial court misdirected itself by failing to consider the established norms for fines in drunk driving cases and by combining the two charges for sentencing purposes. The sentence imposed was substantially harsher than the norm and did not adequately reflect the appellant's personal circumstances, particularly his financial position and lack of previous convictions. The court held that each charge should have been considered separately and that the trial court underemphasized the mitigating factors. Consequently, the appellate court set aside the original se…
Source excerpt
- Driving Under The Influence
- Sentencing Guidelines
- Magistrates Discretion
- Norms For Fines