12 Questions
What was the nature of the conviction in this case?
Conviction on one count of rape
Which part of Schedule 2 to section 51(1) of the Criminal Law Amendment Act 105 of 1997 was incorrectly referenced in the charge sheet?
Part 2
What was the sentence imposed on the appellant?
Life imprisonment
What was the key issue that the court had to determine?
All of the above
What did the court order in relation to the matter?
The matter was remitted to the court a quo
What did the court emphasize regarding the Victim Impact Statement?
All of the above
What was the main reason the appellant appealed against the sentence imposed?
The appellant appealed against the non-parole period of 12 years.
Which of the following is NOT one of the appellant's arguments against the fixing of the non-parole period?
There was no basis or finding that the appellant's character could only be rehabilitated after 12 years.
What was the outcome of the appellant's appeal against his conviction and sentence?
The appeal against conviction was dismissed, but the appeal against the life sentence was upheld.
What is the effect of a non-parole order according to the text?
It restricts the liberty of the person sentenced to imprisonment by preventing their release on parole or correctional supervision until the non-parole period expires.
What was the appellant's argument regarding the invocation of section 51(1) of the Criminal Law Amendment Act by the regional court?
The regional court committed a material misdirection by invoking section 51(1) to impose the sentence of life imprisonment, as it was not specified in the charge sheet.
What was the outcome of the appeal to the full court of the KwaZulu-Natal Division?
The full court dismissed the appeal against the conviction but upheld the appeal against the sentence of life imprisonment, substituting it with a sentence of 18 years' imprisonment.
Test your knowledge on the appeal decision related to the Criminal Procedure Act 51 of 1977. Explore the details of the case, including the setting aside of an order and the remittance of the matter for further representations.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
