Court : South Africa Supreme Court of Appeal
..... . at the commencement of the trial, the accused was aware that in the event of a conviction, the state would seek to invoke s 51(2) of the criminal law amendment act 105 of 1997. the sub-section provides for the imposition of a minimum sentence of 10 years imprisonment if no substantial and compelling circumstances as envisaged in subsection 51(3 ..... count of rape in the contravention of s 3, read with s 1, 56(1), 57(1), 58, 59 and 60 of the criminal law (sexual offences and related matters) amendment act 32 of 2007. he was sentenced to a term of 8 years imprisonment. [2] leave to this court was granted by the court below, which also granted the director of ..... application to lead her evidence by way of what is referred to as a video-conference was launched by the state in terms of s 158 of the criminal procedure act 51 of 1977. the application was opposed on various grounds. after argument, the application was granted and the evidence of dr spoudeas was received by video-conference. on appeal .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... circumstances exist justifying departure from the prescribed sentence, plasket j was called upon to consider the provisions contained in s 51 (3) (aa)(ii) of the criminal law amendment act, 105 of 1997, as far as the absence of serious physical injuries to the complainant was concerned. that subsection provides that when a court sentences for rape an apparent ..... march 2011. 1. s v van aswegen2001 (2) sacr 97 (sca) para 8. 2. section 51 (1) of the criminal law amendment act, 105 of 1997, read with s 51(3) and part 1 of schedule 2 to that act. 3. s v rabie1975 (4) sa 855 (a) at 866a-c. 4. s v ro 2010 (2) sacr 248 (sca) ..... severe sentence which a court can impose. it endures for the length of the natural life of the offender,19although release is nonetheless provided for in the correctional services act 111 of 1998. whether it is an appropriate sentence, particularly in respect of its proportionality to the particular circumstances of a case, requires careful consideration. a minimum sentence .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... extra-curial statement. he thereafter held the statement to be admissible against his co-accused, purportedly in terms of s 3 of the law of evidence amendment act 45 of 1988 (the act). [27] the first appellant chose not to testify in his defence. all the other accused testified and denied any involvement in the incident. it appears ..... . ndhlovu (supra) makes no attempt to reconcile the incongruity between the bar created by section 219 of the criminal procedure act 51 of 1977 and its application of section 3 of the law of evidence amendment act 45 of 1988. moreover, in dealing with the constituent parts of section 3, ndhlovu offers no guidance as to how ..... his only fiction being the substitution of the accused for the culprit.? [49] because the challenge in ndhlovu concerned the constitutionality of s 3 of the act, and because the enquiry focused primarily on that issue, no attention was paid to the earlier decisions of our courts in which the rule against allowing admissions and .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... credits earned. the matter does not, however, simply end there. [14] on 1 october 2004 the parole and correctional supervision amendment act 87 of 1997 (the 1997 act) came into operation. the 1997 act amended s 65(4)(a) of the old act5by providing that a prisoner serving a determinate sentence shall not be considered for placement ..... [6] the trial court, in considering an appropriate sentence, found that there were no substantial and compelling circumstances present under the criminal law amendment act 105 of 1997 (the minimum sentences act) justifying the imposition of a lesser sentence. the trial court also had regard to the cumulative effect of the sentences imposed. conscious of this ..... the simultaneous abolition and repeal of the corresponding parts of the old act. certain parts in the old act still applied to parole. section 137 of the new act, read with the schedule, makes provision for the repeal or amendment of the old act to the extent set out in the schedule. the short title in .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... regional magistrate in modimole, limpopo on a charge of rape read with ss 51(1) or 51(2) of the criminal law amendment act 105 of 1997 (the act). consequent upon his conviction he was committed to the northern circuit district of the north gauteng high court sitting at polokwane for sentence in ..... speculative hypotheses favourable to the offender, maudlin sympathy, aversion to imprisoning first offenders, personal doubts as to the efficacy of the policy implicit in the amending legislation, and like considerations were equally obviously not intended to qualify as substantial and compelling circumstances. nor were marginal differences in the personal circumstances or ..... the appellants conviction was supportable on the evidence, proceeded to consider whether substantial and compelling circumstances as intended in s 51(3)(a) of the act existed. it found that none existed and therefore imposed a sentence of imprisonment for life. the high court subsequently granted the appellant leave to appeal .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the learned judge failed to take notice of the fact that the charge against the appellants was to be read with section 51(2) of the criminal law amendment act 105 of 1997. section 51(2) does not make provision for life imprisonment and it is therefore argued that the learned judge erroneously concluded that the minimum sentence ..... were informed by the prosecutor at the commencement of the proceedings that they were charged with the crime of rape read with section 51(2) of the criminal law amendment act 105 of 1997. thus, right from the outset both appellants were informed in unambiguous terms that the state intended to rely on the minimum sentencing provisions. in this ..... legal representative, were charged in the regional court, nigel with one count of rape read with the provisions of s 51(2) of the criminal law amendment act 105 of 1997 (the act). on 28 june 2007 the appellants pleaded guilty to the charge and in amplification of their pleas, their counsel read out a statement in terms of .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... was not wholly suspended; or (ii) if that person was sentenced to imprisonment for life by a regional court under section 51(1) of the criminal law amendment act, 1997 (act 105 of 1997), he or she may note such an appeal without having to apply for leave in terms of section 309b: provided further that the provisions of ..... age of the two complainants, each count of rape bore a prescribed minimum sentence of life imprisonment under the provisions of s 51(1) of the criminal law amendment act 105 of 1997 (the cla) unless there were substantial and compelling circumstances justifying a more lenient sentence. the regional magistrate who heard the matter concluded that there were ..... changed with effect from 31 december 2007 when s 52 of the cla was repealed by s 2 of the criminal law (sentencing) amendment act 38 of 2007 (the sentencing act) which, at the same time, amended s 51(1) of the cla to allow a regional court to impose life imprisonment on a person convicted of an offence referred to .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... of 1977, being the date upon which the sentences were imposed. 1. this section was repealed on 31 december 2007 by section 2 of the criminal law (sentencing) amendment act 38 of 2007. 2. section 51(1) provides: notwithstanding any other law, but subject to subsection (3) and (6), a regional court or a high court shall sentence a person ..... following the conviction, the regional magistrate stopped the proceedings and committed the appellant for sentencing by a high court in terms of s 52(1)(b)1of the criminal law amendment act 105 of 1997 (the act). [2] in the high court, lukoto j confirmed the convictions of the appellant in terms of s 52(2)(b) of the ..... count one. the accused is sentenced to an effective 30 years imprisonment. 2. the sentence is antedated to 29 june 2001, in terms of s 282 of the criminal procedure act 51 of 1977, being the date upon which the sentences were imposed. judgment saldulker ja (navsa and leach jja concurring): [1] this is an appeal directed against sentence only. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... an executory contract of donation of immovable property like the one under consideration falls within the ambit of both these statutory enactments. but since the general law amendment act appears to be the more stringent one, i think the court a quo was right in its approach that the validity of the donation at issue depends on compliance ..... these proceedings le grange j upheld the respondents plea that the agreement of donation was invalid for failure to comply with the provisions of s 5 of the general law amendment act. the appeal against that judgment is with the leave of the court a quo. [3] the background facts are undisputed and not particularly complex. they are these. ..... amongst these was the defence in para 9 of the plea that the contract of donation was invalid for failure to comply with s 5 of the general law amendment act 50 of 1956. [2] eventually the matter came before le grange j. by agreement between the parties he was asked to determine only those issues arising from .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... report of any of these crimes in the media, it be print or electronic. the legislature responded to the public outcry with, amongst others the criminal law amendment act 105 of 1997, which singled out these crimes that are a threat to our wellbeing and welfare, for very severe sentences, the main objective being to punish ..... 2 were not accurately crafted. evidently, count 1 falls under part 1 of schedule 2 read with s 51(1)(b) or (c) of the criminal law amendment act which, absent, substantial and compelling circumstances, calls for life imprisonment. count 2 is rape committed in circumstances where the victim was killed in the process. it ..... her, the appellant abused the trust relationship between them. based on this, he argued for the imposition of the minimum sentence as prescribed by the criminal law amendment act 105 of 1997, more so, he contended, because the appellant had proffered no facts which qualified as substantial and compelling circumstances to justify a sentence lesser than .....
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