n South African Journal of Criminal Justice - Criminal procedure : recent cases
|Article Title||Criminal procedure : recent cases|
|© Publisher:||Juta Law Publishing|
|Journal||South African Journal of Criminal Justice|
|Publication Date||Jan 2010|
|Pages||277 - 288|
|Keyword(s)||University of KwaZulu-Natal|
The powers given to a court of appeal are contained in the provisions of s 309(3) read with s 304(2) of the Criminal Procedure Act 51 of 1977. In terms of these provisions, typically, only facts known to the court at the time of sentencing should be taken into account when deciding an appeal against the sentence imposed. Prior to the promulgation of the Criminal Procedure Act 51 of 1977 this imperative was also reflected in the decisions of the Appellate Division in R v Verster 1952 (2) SA 231 (A); R v Hobson 1953 (4) SA 464 (A) and Goodrich v Botha and Others 1954 (2) SA 540 (A) (at 546A-D).
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