Show simple item record

dc.date.accessioned 2017-04-08T17:15:57Z
dc.date.available 2017-04-08T17:15:57Z
dc.date.created 2012-11-27 en
dc.identifier.citation [2013] ZACC 17
dc.identifier.citation 2013 (2) SACR 221 (CC)
dc.identifier.citation 2013 (8) BCLR 964 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3695
dc.title Nabolisa v S en
dc.title.alternative CCT105/12 en
dc.identifier.casenumber CCT105/12 en
dc.contributor.judge Jafta J Majority judgment
dc.contributor.judge Skweyiya J separate judgment
dc.date.judgment 12 June 2013
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3695/Full%20judgment%20Official%20version%20%28282%20Kb%29-20924.pdf?sequence=9&isAllowed=y
dc.concourt.synopsis Application for leave to appeal against an increased sentence imposed by the Supreme Court of Appeal. The question was whether the State is required to seek leave to cross-appeal in terms of section 316B of the Criminal Procedure Act 51 of 1977, in order to argue for an increase in sentence, where the accused initiates an appeal. The applicant argued that the State’s failure to cross-appeal infringed his right to a fair hearing in terms of section 35 of the Constitution. The majority upheld the appeal and set aside the increased sentence. The majority held that the failure to apply for leave to cross-appeal was fatal to the increase imposed by the Supreme Court of Appeal. In circumstances where the Court was not exercising its powers to increase sentence of its own accord but doing so at the State’s request, the Court did not have the jurisdiction to consider an increase in sentence. The minority would have dismissed the appeal because it found there was no miscarriage of justice in the circumstances. Majority: Jafta J (Mogoeng CJ, Froneman J, Khampepe J, Mhlantla AJ, Nkabinde J and Zondo J concurring). Minority: Skweyiya J (Moseneke DCJ and Van der Westhuizen J concurring).
dc.concourt.casehistory Application for leave to appeal against a judgment of the SCA: Cwele and Another v S (671/11) [2012] ZASCA 155; [2012] 4 All SA 497 (SCA); 2013 (1) SACR 478 (SCA) (1 October 2012).


Files in this item

This item appears in the following Collection(s)

Show simple item record

Search ConCourt Collections


Browse

My Account