Rex v Coetzee

• Jurisdiction: South Africa
• Judge: Stratford ACJ, Beyers JA, De Villiers JA and Tindall AJA
• Judgment Date: 01 September 1936
• Citation: 1936 AD 471
• Hearing Date: 01 September 1936
• Court: Appellate Division

Rex Respondent v Coetzee Applicant
1936 AD 471

1936 AD p471

Citation	1936 AD 471
Court	Appellate Division
Judge	Stratford ACJ, Beyers JA, De Villiers JA and Tindall AJA
Heard	September 1, 1936
Judgment	September 1, 1936

Flynote : Sleutelwoorde

Criminal procedure — Appeal — From Magistrate's Court to Appellate Division — Leave to appeal against sentence — When granted.

Headnote : Kopnota

The Appellate Division will not grant leave to appeal in a criminal case from a magistrate's court when the sole ground of appeal is that the sentence was excessive unless the Court is satisfied that no reasonable man ought to have imposed such sentence or that there are circumstances bearing on the matter which the magistrate failed to consider or that he followed a wrong principle in imposing the sentence or exceeded the powers conferred upon him by the Legislature.

1936 AD p472

Case Information

Application for leave to appeal from a decision of the Transvaal Provincial Division (GREENBERG, J and SOLOMON, J.) dismissing an appeal from a conviction in the magistrate's court of Johannesburg. The accused had been found guilty of acquiring unwrought precious metal in contravention of sec. 113 of Act 35 of 1908 (Transvaal) on two counts. He was sentenced to three months imprisonment and a fine of £50 or, in...