South Africa Case Law

Gentle and Another v S (A1033/2002)

Gentle and Another v S (A1033/2002) [2003] ZAWCHC 6; [2003] 1 All SA 669 (C) (20 February 2003)

Court

Western Cape High Court, Cape Town

Case number

A1033/2002

Judges

Selikowitz, Blignault, Knoll

The Supreme Court of Appeal in S v B established that a conviction in the Regional Court, when referred to the High Court for sentencing under section 52(1)(b)(i) of the Criminal Law Amendment Act, is treated as a conviction by a superior court. Consequently, section 316 of the Criminal Procedure Act applies, requiring leave to appeal for both conviction and sentence. The High Court's jurisdiction to hear appeals is strictly governed by statute, and there is no automatic right of appeal in these circumstances. The inherent powers of the High Court do not override express statutory requirement…

Source excerpt

• Leave To Appeal
• High Court Jurisdiction
• Criminal Law Amendment Act
• Automatic Right Of Appeal
• Superior Court Conviction