Court Code
NAHCNLD

Criminal Procedure ― Sentence ― Factors taken into account ― Murder committed in domestic relationship ― Accused stabbed the ex-girlfriend 11 times ― Aggravating factors in sentencing balanced with personal circumstances —The manner in which the crime was committed-aggravating — Calls for custodial sentence.

Criminal Law –Murder –Private Defence―Test and Requirements restated– Deceased was the aggressor—Danger created ceased to exist at the time of stabbing--Accused’s conduct fell short of satisfying the test— No imminent danger at the time of stabbing― Evidence leaned towards vengeance ―Self-defence rejected.

Criminal Procedure - Appeal against sentence-High Court has inherent jurisdiction to correct a patently incorrect conviction by a lower court even though the appeal was against sentence only.

 

Criminal Procedure-Late filing of Notice of Appeal-Application for condonation- a court may condone a late filing of a notice of appeal if an applicant provides an acceptable explanation for such late filing and if there is reasonable prospect of success on appeal

Criminal Procedure - Appeal – Conviction-Presumption in section 10(1)(a) of the Abuse of Dependence-producing Substances and Rehabilitation Centres Act 41 of 1971 does not apply to dangerous dependence-producing drugs like cocaine