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32 Appearances For appellant: B E Currie-Gamwo (with her B Hendry-Sidaki) from the office of the National Director of Public Prosecutions Instructed by: State Attorney, Bloemfontein For respondent: P A Botha (with him Y Isaacs) Instructed by: Cape Town Justice Centre Bloemfontein Justice Centre For intervening party: M R Madlanga SC (with him V Ngalwana and N Nharmuravate). Instructed by: State Attorney, Johannesburg and Bloemfontein. For first Amicus Curiae S Budlender Instructed by: Legal Resources Centre, Cape Town Locally represented by: UFS Law Clinic, Bloemfontein. For second Amicus Curiae M Norton (with her S Cowen) Instructed by: Women’s Legal Centre Trust Locally represented by: Webbers, Bloemfontein

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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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Director of Public Prosecutions v. Prins and Ors, 2012

Primary Documents

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