S v Kemp (44/2016, RCPE1478/13, 20160004)
S v Kemp (44/2016, RCPE1478/13, 20160004) [2016] ZAECGHC 58 (17 February 2016)
The sentence imposed by the regional magistrate, referring the accused to a rehabilitation centre under section 296(1) of the Criminal Procedure Act, proved unworkable due to systemic failures and lack of coordination between the Department of Social Development and Correctional Services. The accused was detained for 19 months without receiving the intended rehabilitation, which undermined the purpose of the sentence and failed both the accused and his family. The reviewing court found that the sentence did not fully comply with the procedural requirements of the Substance Abuse Act, particul…
Source excerpt
- Malicious Injury To Property
- Substance Abuse Sentencing
- Correctional Supervision
- Rehabilitation Orders
- Procedural Irregularity