Tested: How Twelve Wrongly Imprisoned Men Held Onto Hope

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Language: English

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As to SUBSTANCE: If the amendment prejudices the rights of the accused. When the plea of guilty to the lesser offense was made without the consent of the prosecutor and of the offended party. 8) General Rule: A dismissal with the express consent of the accused will not bar the prosecution of the same offense because such consent is considered a valid waiver of his right against double jeopardy. It is immaterial that the original assembling was lawful if, being assembled, they conduct themselves with a common purpose in such a manner as aforesaid.

Pages: 160

Publisher: Brown Books (October 12, 2010)

ISBN: 1934812773

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Where a person is sentenced to pay a fine, whether with or without an alternative period of imprisonment, the court may in its discretion, without prejudice to any other power under this Act relating to the payment of a fine, enforce payment of the fine, whether as to the whole or any part thereof - (a) by the seizure of money upon the person concerned; (i) by from time to time ordering such employer to deduct a specified amount from the salary or wages so due and to pay over such amount to the clerk of the court in question; or (ii) by ordering such employer to deduct from time to time a specified amount from the salary or wages so due and to pay over such amount to the clerk of the court in question. (1) A court convicting any person of any offence may, in addition to or in lieu of any sentence in respect of such offence, order that the person be detained at a treatment centre established under the Prevention and Treatment of Drug Dependency Act, 1992, if the court is satisfied from the evidence or from any other information placed before it, which shall in either of the said cases include the report of a probation officer, that such person is a person as is described in section 21(1) of the said Act, and such order shall for the purposes of the said Act be deemed to have been made under section 22 thereof: Provided that such order shall not be made in addition to any sentence of imprisonment (whether direct or as an alternative to a fine) unless the operation of the whole of such sentence is suspended. (a) Where a court has referred a person to a treatment centre under subsection (1) and such person is later found not to be fit for treatment in such treatment centre, such person may be dealt with mutatis mutandis in accordance with the provisions of section 276A(4). (b) For the purposes of the provisions of paragraph (a) the expression 'a probation officer or the Commissioner' in section 276A(4) shall be construed as the person at the head of the treatment centre or a person authorized by him. (Section 296 amended by section 46 of Act 122 of 1991 with effect from 15 August 1991 in the Magisterial Districts of Pretoria and Wonderboom; with effect from 20 March 1992 in the Magisterial Districts of Bellville, Brits, Bronkhorstspruit, Cullinan, Goodwood, The Cape, Kuils River, Mitchells Plain, Simon’s Town, Soshanguve, Warmbaths and Wynberg and with effect from 1 August 1992 in the remainder of the Magisterial Districts) Conditional or unconditional postponement or suspension of sentence, and caution or reprimand (1) Where a court convicts a person of any offence, other than an offence in respect of which any law prescribes a minimum punishment, the court may in its discretion - (i) on one or more conditions, whether as to - (bb) the rendering to the person aggrieved of some specific benefit or service in lieu of compensation for damage or pecuniary loss; (cc) the performance without remuneration and outside the prison of some service for the benefit of the community under the supervision or control of an organization or institution which, or person who, in the opinion of the court, promotes the interests of the community (in this section referred to as community service); (ccA) submission to correctional supervision; (Section 297(1)(a)(i)(ccA) inserted by section 47 of Act 122 of 1991 with effect from 15 August 1991 in the Magisterial Districts of Pretoria and Wonderboom; with effect from 20 March 1992 in the Magisterial Districts of Bellville, Brits, Bronkhorstspruit, Cullinan, Goodwood, The Cape, Kuils River, Mitchells Plain, Simon’s Town, Soshanguve, Warmbaths and Wynberg; with effect from 1 August 1992 in the Magisterial Districts of Adelaide, Albany, Alexandria, Barkly West, Bathurst, Bedford, Bloemfontein, Boshof, Bothaville, Botshabelo, Brandfort, Caledon, Calitzdorp, Camperdown, Ceres, Chatsworth, Durban, East London, Fort Beaufort, George, Groblersdal, Hankey, Hennenman, Herbert, Humansdorp, Inanda, Jacobsdal, Kimberley, King William's Town, Kirkwood, Klerksdorp, Knysna, Komga, Koppies, Kroonstad, Ladismith (C), Laingsburg, Lindley, Lydenburg, Malmesbury, Middelburg (T), Montagu, Mossel Bay, Moutse, Nelspruit, Oberholzer, Odendaalsrus, Oudtshoorn, Paarl, Parys, Pilgrim's Rest, Petrusburg, Pietermaritzburg, Pinetown, Port Elizabeth, Potchefstroom, Robertson, Somerset West, Stellenbosch, Strand, Sutherland, Tulbagh, Uitenhage, Uniondale, Vanderbijlpark, Ventersdorp, Vereeniging, Viljoenskroon, Vredefort, Warrenton, Welkom, Wellington, Witbank, White River and Worcester; with effect from 1 October 1992 in the Magisterial Districts of Alberton, Barberton, Belfast, Benoni, Bergville, Bethal, Bethlehem, Bloemhof, Boksburg, Brakpan, Carolina, Coligny, Cradock, Delmas, Dundee, Eshowe, Estcourt, Frankfort, Germiston, Glencoe, Gordonia, Graaff­Reinet, Harrismith, Heidelberg (T), Heilbron, Highveld Ridge, Hofmeyr, Hoopstad, Jansenville, Johannesburg, Kempton Park, Klip River, Koster, Kranskop, Kriel, Krugersdorp, Letaba, Lichtenburg, Lions River, Lower Tugela, Lower Umfolozi, Marico, Mooi River, Mtonjaneni, Mtunzini, New Hanover, Nigel, Pearston, Pietersburg, Randburg, Roodepoort, Rustenburg, Sasolburg, Senekal, Somerset East, Springs, Steytlerville, Swartruggens, Umvoti, Ventersburg and Wolmaransstad; with effect from 1 November 1992 in the Magisterial Districts of Aberdeen, Clanwilliam, Ellisras, Fouriesburg, Messina, Namakwaland, Potgietersrus, Schweizer-Reneke, Soutpansberg, Standerton, Thabazimbi, Virginia, Vredenburg, Vredendal, Walvis Bay, Waterberg, Waterval-Boven and Wesselsbron; with effect from 1 December 1992 in the Magisterial Districts of Aliwal North, Beaufort West, Cathcart, Clocolan, Edenburg, Ermelo, Ficksburg, Fraserburg, Ladybrand, Port Shepstone, Queenstown, Reddersburg , source: Advanced Criminal Procedure in a Nutshell read here.

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