n South African Journal of Criminal Justice - Sentencing an accused whose legal representative fails to participate meaningfully in the process : a discussion of 2011 (1) SACR 9 (SCA) : notes

Volume 24, Issue 3
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



It is trite that in order to exercise a proper sentencing discretion, the presiding officer must have sufficient relevant information. In the case of 2011 (1) SACR 9 (SCA) the Supreme Court of Appeal (SCA) considered whether the presiding officer has a duty to investigate mitigating factors where the accused's legal representative neglects to place such information before the court.

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