Ricardo v S (A227/2007)
Ricardo v S (A227/2007) [2008] ZAWCHC 193 (9 May 2008)
The magistrate misdirected himself by imposing sentences for murder and attempted robbery with aggravating circumstances, as he lacked jurisdiction under the minimum sentence regime in force at the time. The correct procedure was to refer the matter to a single judge of the High Court for sentencing in terms of section 52 of Act 105 of 1997. The subsequent legislative amendments do not alter this requirement for appeals arising from convictions and sentences imposed under the earlier regime, due to the savings clause in section 53(3). Accordingly, both sentences are set aside, the appeal is s…
Source excerpt
- Minimum Sentences
- Jurisdiction Of Regional Courts
- Aggravating Circumstances
- Remittal For Sentencing