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REPORTABLE THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Case no: 369/12 In the matter between: DIRECTOR OF PUBLIC PROSECUTIONS, WESTERN CAPE Appellant and ARNOLD PRINS Respondent MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT CENTRE FOR CHILD LAW WOMEN’S LEGAL CENTRE TRUST Intervening Party First Amicus Curiae Second Amicus Curiae Neutral citation: DPP v Prins (Minister of Justice and Constitutional Development & two amici curiae intervening) (369/12)[2012] 106 ZASCA (15 June 2012) Coram: MPATI P, NAVSA, BRAND, MALAN and WALLIS JJA. Heard: 13 June 2012 Delivered: 15 June 2012 Summary: Criminal law – s 5(1) of the Criminal Law (Sexual Offences

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Director of Public Prosecutions v. Prins and Ors, 2012

Cases

Country

Latitude: -31.005484474142992

Longitude: 23.460146846172638

Country (linked Cases): South Africa

Court location: South Africa: Western Cape

Court: South Africa: Supreme Court, South Africa

Date of judgement: Jun 15, 2012

Keywords

Sexual assault
Sexual offences

Gender of victim

Female: Female (Age not specified)

Gender of accused/perpetrator

Male: Male (Age not specified)

Language: English

Summary: The Supreme Court of Appeal (SCA) overturned the decision by the Western Cape High Court that held the criminal charges couldn’t be successfully pursued and prosecuted in respect of sexual offences under the Criminal Law (Sexual Offences in Related Matters) Amendment Act, because of the absence of penalty provisions within the Act. The SCA held that the penalty provisions of the criminal procedure act empower courts to impose sentences upon people convicted of sexual offences under the sexual offences act and that the fact that the Act itself doesn’t contain penalty provisions doesn’t justify the quashing of charges laid under the act. The Court held that the constitutional principle of legality as supposed up in the Latin Maxim nulla poena sine lege (no penalty without law) is satisfied by reference to the sentencing powers enjoyed by all courts under the Criminal Procedure Act.

Primary Documents

Director of Public Prosecutions, Western Cape v Prins and Other - penalties for sexual offences.pdf
English
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