S v malgas 2001
WebIt is the appellant’s case that in sentencing the appellant, the trial court erred by invoking the provisions of s51(1) of the CLAA while the offences the appellant was charged with were read in terms of the provisions of s51(2). [5] It is common cause that reference is made to s51(2) in the charge sheets and when the charges were put to the ... WebCPR3701/1 81 Question 4 Read and discuss S v Malgas (2001) SACR 469 (SCA) and S v Dodo 2001 (1) SACR 594 (CC) as they pertain to so-called minimum sentencing legislation. Refer to the cases and formulate the differences in the courts’ approaches. SELF-ASSESSMENT • Make a summary of these chapters and the sections of the Act.
S v malgas 2001
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http://saflii.austlii.edu.au/za/cases/ZAFSHC/2024/62.html WebNov 26, 2024 · compelling circumstances exist were set out as follows in S v Malgas 2001 (1) SACR 469 (SCA): “A. Section 51 has limited but not eliminated the court’s discretion in imposing sentence in respect of the offences referred to in Part 1 of Schedule 2 (or imprisonment for other prescribed periods for offences listed in other parts of schedule 2).
WebSouth African criminal law reports 2001 (1) May : S v Malgas 2001 (1) SACR 469 (SCA) - Mandatory minimum sentences - Act 105 of 1997. Authors : Templeton, K A. Journal Title : Judicial Officer. Citation : (2001) 4 (3) Judicial Officer 109. S.A. Cases Cited : S v Malgas 2001 (1) SACR 469 (SCA) WebThe seminal judgment in S v Malgas 2001 (2) SA 1222 (SCA); 2001 (1) SACR 469 (SCA), and endorsed by the Constitutional ... Court in S v Dodo 2001 (1) SACR 594 (CC), clearly sets out the criteria that should be used by our courts in determining substantial and compelling circumstances. [4] There can be little doubt that the minimum sentencing ...
WebSee also S v Malgas 2001 (1) SACR 469 (SCA) (2001 (2) SA 1222; [2001] 3 All SA 220; [2001] ZASCA 30) para 12 and S v Hewitt 2024 (1) SACR 309 (SCA) ([2016] ZASCA 100) para 8. [18] G The court a quo enumerated the following as mitigating factors: the accused approached the bathroom in the belief that an intruder had entered his house; at the ... WebDec 1, 2024 · Govindjee J. [1] Mr Ntombana was convicted of four counts of rape, two counts of attempted rape and assault with intent to do grievous bodily harm. The state argued for the imposition of three life sentences, given the circumstances of the offences, together with various other periods of imprisonment. [2] Mr Ntombana was found to have …
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