|
Whether prescribed life sentence under s 51(1) applies where co‑perpetrators in a gang rape are not convicted.
Criminal law – Sentencing – Prescribed minimum sentences (s 51(1) Criminal Law Amendment Act) – Application to gang rape where not all co‑perpetrators are convicted – Effect of S v Mahlase – Reliance on pre‑sentence report versus plea explanation – Exercise of common‑law sentencing jurisdiction – Backdating of sentence.
|