Supreme Court of the Cape of Good Hope - 1981

2 judgments
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2 judgments
Citation
Judgment date
November 1981
Conviction reclassified to s.37 (negligent receipt); sentence reduced to nine months wholly suspended for five years.

Criminal law — Receiving stolen property v. negligent possession (s.37, Act 62 of 1955) — Sufficiency of evidence of knowledge — Appellate interference with sentence when conviction altered to lesser offence or original sentence excessive — Sentencing considerations: youth, first offender, loss on purchase.

11 November 1981
September 1981
Whether a participant who supplied a weapon and helped plan an armed robbery is guilty of murder and whether the death sentence was excessive.

Criminal law – Murder and robbery – dolus eventualis – supplier/participant in planned armed robbery liable for resulting death; sentencing – exercise of discretion under s.277(1) – need to record factors considered; appellate reduction of an excessive death sentence.

22 September 1981