Mhlongo v S (140 of 2016) [2016] ZASCA 152 (3 October 2016)

Criminal Law and Procedure ─ conviction on one count of rape ─ the charge sheet erroneously referred to Part 2 of Schedule 2 and not Part 1 of Schedule 2 to s 51(1) of the Criminal Law Amendment Act 105 of 1997 ─ sentence of life imprisonment imposed ─ whether this irregularity vitiated the sentence proceedings ─ application in terms of s 276B of the Criminal Procedure Act 51 of 1977 ─ importance and permanent infusion of the Victim Impact Statement at the sentencing stage ─ duty of the prosecution to place all information before the court ─ Comprehensive guidelines, protocol and model VIS instruments must be drafted by the National Director of Public Prosecutions ─ matter remitted to court a quo.