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High Court of South Africa North-West, Mafikeng

The Judges currently serving on duty at the North West High Court are:

Hon. Judge President RD Hendricks
Hon. Deputy Judge President Djaje
Hon. Judge Petersen
Hon. Judge Reid
Hon. Judge Mfenyana
Hon. Judge Reddy

1 judgment

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1 judgment

Citation	Judgment date
April 2005
S v Motlhoki (CA 164 of 2004) [2005] ZANWHC 28 (7 April 2005) Court may reconsider and alter sentence under s 276A(3), considering pre- and post-sentence circumstances and victims' interests. Criminal Procedure Act s 276A(3) – Reconsideration of sentence – Reconsidering court has same powers as at original sentencing – Must consider pre- and post-sentence circumstances and victims' interests. Correctional supervision – Conversion contemplated where prisoner shows rehabilitation and Parole Board recommendation. Participation – State entitled to appear and oppose s 276A(3) applications. Disposition – Court may confirm, convert, or impose any other proper sentence when reconsidering under s 276A(3)(e).	7 April 2005

Citation

Judgment date

April 2005

S v Motlhoki (CA 164 of 2004) [2005] ZANWHC 28 (7 April 2005)

Court may reconsider and alter sentence under s 276A(3), considering pre- and post-sentence circumstances and victims' interests.

Criminal Procedure Act s 276A(3) – Reconsideration of sentence – Reconsidering court has same powers as at original sentencing – Must consider pre- and post-sentence circumstances and victims' interests. Correctional supervision – Conversion contemplated where prisoner shows rehabilitation and Parole Board recommendation. Participation – State entitled to appear and oppose s 276A(3) applications. Disposition – Court may confirm, convert, or impose any other proper sentence when reconsidering under s 276A(3)(e).

7 April 2005