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

Volume 26, Issue 1
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



The principle of legality has been discussed in some detail, in connection with sentencing, in 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 2012 (2) SACR 52 (FB); 2012 (2) SACR 56 (KZP).

Loading full text...

Full text loading...


Article metrics loading...


This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error