1887

n South African Law Journal - and the elevation of a 'minimum sentencing fact' to an element of the offence of the unlawful possession of a firearm : notes

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Abstract

In the matter of 2010 (1) SACR 349 (GSJ), the South Gauteng High Court was called upon to consider the appeal of a person who had been convicted by a regional magistrate's court of having contravened two sections of the Firearms Control Act 60 of 2000. The two offences are commonly referred to as (a) the unlawful possession of a firearm (s 3 read with ss 1, 103, 117, 120(1)(), 121, read with Schedule 4 and s 151 of the Firearms Control Act, and further read with s 250 of the Criminal Procedure Act 51 of 1977) and (b) the unlawful possession of ammunition (s 90 read with ss 1, 103, 117, 120(1)(), 121, read with Schedule 4 and s 151 of the Firearms Control Act, and further read with s 250 of the Criminal Procedure Act) respectively. The court (Willis J and Farber AJ) set aside both of the convictions, for three alternate reasons.

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/content/ju_salj/131/1/EJC148446
2014-01-01
2016-12-07
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