S v Kani (RCA 47/2023) [2024] ZAWCRD 7 (20 March 2024) (Sentence)

S v Kani (RCA 47/2023) [2024] ZAWCRD 7 (20 March 2024) (Sentence)

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Cited documents 4

Act
3
Citizenship and Immigration · Education · Environment, Climate and Wildlife · Health and Food Safety · Human Rights · International Law · Labour and Employment · Public administration
Human Rights · Peace and Security
Judgment
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Magistrate’s failure to consider applicant’s pre‑trial detention created reasonable prospects of success on appeal against sentence.
Criminal procedure – petition against refusal of leave to appeal – appeal to SCA by special leave – test is reasonable prospect of success; Sentencing – prescribed minimum sentences – pre‑sentencing detention as one factor in proportionality assessment; misdirection by failing to consider time in custody warrants leave to appeal against sentence.

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