BACKGROUND AND SUMMARY The court was tasked with considering whether or not the sentence passed in the trial court was in accordance with justice, in terms of section 304 of the Criminal Procedure Act, 51 of 1977 (“the Act”).   The accused appeared before the magistrate in Muizenberg in the district of Simon’s Town and
SUMMARY This CLE will provide a practical example of how the courts, in respect of criminal matters involving serious offences, hand down their sentences. In this case, the accused, Mr D, was accused of the kidnapping, rape and murder of his 10-year-old niece. The accused was earlier convicted on the aforesaid counts in addition to