oa De Rebus - Criminal law and procedure

Volume 1983, Issue 185
  • ISSN : 0250-0329



In terms of s 274 of the Criminal Procedure Act 51 of 1977 a court is obliged to give the accused an opportunity to address the court on the matter of sentence (S v Louw 1977 2 PH H249(C)). Very few practitioners are conscious of the onerous duty which they bear in this regard. In S v Gough 1980 3 SA 785 (NC) on 786E-G Basson J said that the imposition of sentence is at least as important as the trial and much more trouble should be taken by practitioners fully to inform the court of facts and circumstances which are relevant to sentence.

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