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South Africa Case Law

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Criminal Law [2008] ZAGPHC 278

S v Camako (A450/2007)

S v Camako (A450/2007) [2008] ZAGPHC 278 (18 September 2008)

Court
High Courts - Gauteng
Case number
A450/2007
Judges
B.R. Southwood, A.A. Louw, W.A.J. Van Zyl

The sentence imposed by the regional magistrate was a nullity because the magistrate failed to refer the matter to the High Court for sentencing as required by section 52(1) of Act 105 of 1997. The subsequent legislative amendment (Act 38 of 2007) now empowers the regional court to impose life imprisonment for offences listed in Part I of Schedule 2. Since the appellant has not yet been committed for sentencing by the High Court, the matter must be referred back to the regional court for sentencing in terms of the amended section 51. The court exercised its powers under the Supreme Court Act…

Source excerpt

  • Sentencing Procedure
  • Nullity Of Sentence
  • Transitional Provisions
  • Life Imprisonment
  • Substantial And Compelling Circumstances
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Criminal Law [2005] ZANCHC 64

S v Walter (CA&R 92/04)

S v Walter (CA&R 92/04) [2005] ZANCHC 64 (11 November 2005)

Court
Northern Cape High Court, Kimberley
Case number
CA&R 92/04
Judges
Williams, Olivier

The Regional Court did not have jurisdiction to sentence the appellant for the offences committed, as they fall under Part 1 of Schedule 2 of Act 105 of 1997. The sentences imposed are therefore null and void. The proceedings must be stopped and the matter referred to the High Court for sentencing in accordance with section 52(1) of Act 105 of 1997. The appellant will have the opportunity to challenge the convictions before the High Court as provided for in section 52(3)(b) of the Act.

Source excerpt

  • Jurisdiction Of Sentencing Court
  • Minimum Sentencing Legislation
  • Rape
  • Nullity Of Sentence
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.