IMPOSITION OF NON-PAROLE PERIOD OF IMPRISONMENT

The following is a summary by Adv Matthew Klein in “Legal Notes” 11/2014 of the decision in

DIRECTOR OF PUBLIC PROSECUTIONS, NORTH GAUTENG: PRETORIA v GCWALA AND OTHERS 2014 (2) SACR 337 (SCA)
<blockquote>Sentence — Imposition of — Factors to be taken into account — Period spent in prison awaiting trial — Quantification of — Court should consider in all cases whether period of imprisonment proposed was proportionate to crime committed, taking into account for that purpose period spent in custody — Doubling of period, especially given length of time spent in custody, could not be justified.
Sentence — Imprisonment — Term of — Non-parole period — Should only be imposed where there were exceptional circumstances — None present in instant case.</blockquote>

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