n South African Journal of Criminal Justice - Criminal procedure : recent cases

Volume 23, Issue 2
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



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 1952 (2) SA 231 (A); 1953 (4) SA 464 (A) and 1954 (2) SA 540 (A) (at 546A-D).

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