The Supreme Court of Appeal considered whether the High Court dealt correctly with an appeal under section 309(1)(a) of the Criminal Procedure Act. It held that, where life imprisonment had been imposed by the regional court, the appeal had to deal with both conviction and sentence, and not conviction alone. The matter was remitted to the High Court for reconsideration before a newly constituted bench.
This appears to concern criminal appeal procedure and the scope of appeals from regional court life imprisonment sentences.
Evidence from source
the High Court followed the provisions of Section 309(1) (a) of the Criminal Procedure Act 51 of 1977 in dealing with the matter on appeal
Supports: The judgment considers whether the High Court dealt correctly with the appeal under section 309(1)(a).
the high court dealt only with the conviction. This was a procedural misdirection by the high court
Supports: The judgment says the High Court dealt only with conviction and treated that as a procedural misdirection.
The matter is remitted to the high court to deal with both conviction and sentence before a newly constituted bench.
Supports: The order remits the matter for reconsideration of both conviction and sentence before a newly constituted bench.