IRREGULARITY – FAILURE TO FORWARN OF MINIMUM SENTENCE

UNREPORTED CASE

Machongo v S (20344/14) [2014] ZASCA 179 (21

November 2014)

Coram: Shongwe JA, Mathopo and Gorven AJJA

Heard: 11 November 2014

Delivered: 21 November 2014

Criminal Procedure – sentence – failure to forewarn an accused

person of the applicability of the Minimum Sentence Act is an irregularity

which may result in an unfair trial in respect of sentence – an appeal court will

be at large to consider sentence afresh upon finding that a misdirection existed –

considering sentence afresh must mean that the appeal court ought to disabuse

itself from what the court a quo said in respect of sentence and that such power

to sentence resides in the provisions of s 276 of the Criminal Procedure Act 51

of 1977.

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