- Flynote
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Criminal law – Sentence – High court on appeal erroneously stating that s 51
(3) of the Criminal Law Amendment Act 105 of 1997 applied – misdirection requiring re –
consideration of trial court’s approach to sentence – trial court not exercising discretion –
on re – consideration of sentence finding that period of imprisonment appropriate – appeal
dismissed
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Cited documents 8
Judgment 4
- De Reuck v Director of Public Prosecutions (Witwatersrand Local Division) and Others [2003] ZACC 19 (15 October 2003)
- Director of Public Prosecutions North Gauteng v Alberts (A835/14) [2016] ZAGPPHC 495 (30 June 2016)
- Mpofu v Minister for Justice and Constitutional Development and Others [2013] ZACC 15 (6 June 2013)
- S v Matyityi (695/2009) [2010] ZASCA 127 (30 September 2010)