Recent Case: Sentencing

• Jurisdiction: South Africa
• Date: 24 May 2019
• Author: James Lund
• Pages: 271-285
• Published date: 24 May 2019
• Citation: (1999) 12 SACJ 271

Recent Cases • Vonnisse

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271

Sentencing

JAMES LUND

University of Natal, Pietermaritzburg

General

Jurisdiction

In

S v Arendse

1999 (1) SACR 454 (C) Comrie J (King J concurring) held that

the ge eral increase i the penal jurisdi tio of magistrates' and regional

magistrates' courts to three years' and 15 years' imprisonment respectively

(brought about by s 6 of the Magistrates' Courts Ame dme t A t 66 of 1998),

was applicable to all se tences imposed by the ourt as from 7 0 tober 1998,

the date on which the increase came i to operatio , eve if the rime was

committed before that date. The same conclusion was reached in

S v

Mbuyane; S v Nkitle

1999 (1) SACR 458 (T) in which the majority judgme t of

the full bench, delivered by Mynhardt J (Du Plessis J oncurring, Pri sloo AJ

disse ting), overruled

S v Mnisi

1999 (1) SACR 189 (T) in which Stafford J

(Ngoepe J oncurring) had held that the increase did of apply to rimes

ommitted before 7 October 1998.

(1999) 12 SACJ 271

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