S v Mncube (20/2017, K99/17)
S v Mncube (20/2017, K99/17) [2017] ZANWHC 105 (16 November 2017)
The court found that the accused's written plea statement admitted all elements of the offence of theft and was sufficient for a conviction under section 112(2) of the Criminal Procedure Act. The transfer of the matter to the Regional Court for sentencing was justified under section 114(1)(b) of the Act, as the accused's previous convictions warranted a sentence exceeding the jurisdiction of the District Court. The fact that the District Court heard submissions in mitigation and aggravation did not amount to sentencing, and the Regional Court is empowered to commence sentencing proceedings af…
Source excerpt
- Criminal Procedure Act
- Plea Of Guilty
- Transfer For Sentence
- Sentencing Jurisdiction