Rex v Fredericks and Others [1914] ZATPD 100 (6 October 1914)

Criminal Law.-Procedure.-Minimum penalty prescribed for offence.-Imposition of fine.-Act 40 of 1914, secs. 3 and 8.Payment by instalments.-Proportionate reduction of imprisonment.

Where a statute prescribes a minimum period of imprisonment for an offence falling within the provisions of sec. 3 of Act 40 of 1914, the Court may by virtue of secs. 3 and 8 of that Act impose a fine or in default of payment imprisonment, but such imprisonment cannot be for a lesser period than the minimum prescribed by such statute for the offence. If the Court so imposing sentence provides by virtue of sec 3 (c) of Act 40 of 1914 for the payment of the fine instalments, it may provide for a proportionate reduction of the sentence of imprisonment if some of the instalments are paid.