Mokalaka v S (A534/08)
Mokalaka v S (A534/08) [2009] ZAGPPHC 84; 2010 (1) SACR 88 (GNP) (9 June 2009)
The regional court failed to comply with the mandatory requirement to inform the appellant of his right to have assessors in a murder trial, rendering the court improperly constituted and without jurisdiction to try the murder charge. Consequently, the conviction and sentence for murder must be set aside. Regarding sentencing for rape and robbery, the regional magistrate imposed sentences when, under the applicable law at the time, he was not empowered to do so, making those sentences a nullity. The convictions for rape and robbery are upheld, but the sentences are set aside and the matter is…
Source excerpt
- Murder Trial Procedure
- Rape Sentencing
- Regional Court Jurisdiction
- Assessors In Criminal Trial
- Criminal Law Amendment Act
- Sentencing Nullity