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South Africa decisions
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S v Nyathi (262/2013) [2013] ZAFSHC 200 (7 November 2013)
The High Court set aside a four-month sentence as too harsh and beyond the Immigration Act maximum, replacing it with a fine and wholly suspended sentence.
Meyer v S (A264/2005) [2008] ZAWCHC 160 (7 March 2008)
The regional court lacked jurisdiction to sentence the appellant for the offences of rape and indecent assault where the victims were under 16 years of age, as these offences fall under Part I of Schedule 2 of the Criminal Law Amendment Act, No. 105 of 1997. Section 52(1) of the Act, as amended, requires the regional court to stop proceedings after conviction and refer the accused to the High Court for sentencing. The sentences imposed by the regional magistrate were ultra vires and null. The High Court, exercising its review powers under section 304(4) of the Criminal Procedure Act, No. 51 o…
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