S v Makwala (B391/2016)
S v Makwala (B391/2016) [2017] ZALMPPHC 9 (22 May 2017)
The district magistrate court retains jurisdiction to try charges of assault with intent to do grievous bodily harm, even where the complainant is under 16 years and a dangerous weapon is alleged to have been used. The minimum sentencing provisions of section 51(2)(b) of Act 105 of 1997 do not deprive the district court of trial jurisdiction; they only affect sentencing jurisdiction after conviction. If, after conviction, the magistrate considers the offence merits punishment beyond its jurisdiction, section 116(1)(a) of the Criminal Procedure Act requires the matter to be referred to the reg…
Source excerpt
- Magistrates Court Jurisdiction
- Minimum Sentencing Legislation
- Supervisory Review
- Assault With Intent To Do Grievous Bodily Harm