n South African Journal of Criminal Justice - Sentencing : recent cases
|Article Title||Sentencing : recent cases|
|© Publisher:||Juta Law Publishing|
|Journal||South African Journal of Criminal Justice|
|Affiliations||1 University of South Africa|
|Publication Date||Jan 2013|
|Pages||105 - 121|
The principle of legality has been discussed in some detail, in connection with sentencing, in Director of Public Prosecutions, Western Cape v Prins 2012 (2) SACR 183 (SCA). This judgment has been discussed in a case note in the previous edition of SACJ (see L Jordaan and S Terblanche 'Does the principle of legality require statutory crimes to have specific penalty clauses?' (2012) 25 SACJ 379-389). Suffice to state here that the court interpreted s 276(1) of the Criminal Procedure Act 51 of 1977 to be sufficiently clear to provide for the sentences to be imposed, even if a statutory offence contains no penalty clause. See also S v Booi 2012 (2) SACR 52 (FB); S v Mchunu 2012 (2) SACR 56 (KZP).
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