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| TWELVE YEARS FROM ARREST |
TWELVE YEARS FROM ARREST TO CONCLUSION OF APPEAL (THROUGH NO FAULT OF THE ACCUSED)! - S V JAFTHA 2010 (1) SACR 136 (SCA)
The accused was arrested on 29 November 1997 on a charge of driving a vehicle while under the influence of alcohol. On 22 April 1998 the accused was convicted on this charge in the magistrate's court in Montagu in the Western Cape and sentenced to three years' imprisonment in terms of section 276(1)(i) of the Criminal Procedure Act 51 of 1977.<... Read More >> |
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| AGAIN THE CORRECT CHARGE/OFFENCE |
AGAIN THE CORRECT CHARGE/OFFENCE REGARDING ESCAPING FROM CUSTODY - S V MAFORA 2010 (1) SACR 269 (NWM)
The accused was convicted in the magistrate's court (apparently Lehuritshe in the North West Province) of contravening section 51(1) of the Criminal Procedure Act 51 of 1977 - escaping from custody before being lodged (Afrikaans: “geplaas”) in a prison, police cell or lock-up. He was sentenced to two years' imprisonment.
On review before the High Court... Read More >> |
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| RAPE COMPLAINANT PASSES AWAY |
RAPE COMPLAINANT PASSES AWAY AFTER THE RAPE BUT BEFORE TRIAL - WHAT NOW? - S V SEBOKO 2009 (2) SACR 573 (NCK)
The accused, who was unrepresented and who worked at the Beeshoek Iron Mine near Postmasburg in the Northern Cape, was convicted in the regional court (“the trial court”) on two counts of rape and sentenced on 5 May 2000 to 15 years' imprisonment on each count (ie to 30 years' imprisonment in total). The two rape incidents happened during 1997 (count... Read More >> |
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