S v Livanje (378/2018) [2019] ZASCA 126 (27 September 2019)

Flynote

Criminal Law and Procedure – appellant erroneously convicted of
housebreaking with intent to rob instead of housebreaking with intent to commit a crime
unknown to the State – appellant sentenced in terms section 51(2) of the Criminal Law
Amendment Act 105 of 1977 without warning of its applicability – irregularities not of
vitiating nature – conviction and sentence accordingly amended.


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