The New Testament and the Death Sentence

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L. 99–646, §29(b), Nov. 10, 1986, 100 Stat. 3598, redesignated item 1365, relating to destruction of an energy facility, as item 1366. 1984—Section 1365(d) of this title as added by Pub. L. 104–294, amended directory language of Pub. Appeal against conviction and sentence of chiefs, headmen and chiefs’ deputies (1) In hearing any appeal to him under the provisions of section 20 of the Black Administration Act, 1927 (Act No. 38 of 1927), the magistrate shall hear and record such available evidence as may be relevant to any question in issue and shall thereupon either – (i) confirm the sentence imposed by the chief, headman or chief’s deputy and order that the said sentence be satisfied forthwith; or (ii) set aside the sentence imposed by the chief, headman or chief’s deputy and in lieu thereof impose such other sentence as in his opinion ought to have been imposed; and (iv) set aside the sentence imposed by the chief, headman or chief’s deputy and lieu thereof impose a sentence of imprisonment for a period not exceeding three months without the option of a fine; or (b) uphold the appeal and set aside the conviction and sentence. (2) The magistrate shall issue in respect of any person who has been sentenced to imprisonment under subsection (1), a warrant for his detention in a prison. (a) Subject to section 84 of the Child Justice Act, 2008 (Act No. 75 of 2008), any accused, other than a person referred to in the first proviso to section 309(1)(a), who wishes to note an appeal against any conviction or against any resultant sentence or order of a lower court, must apply to that court for leave to appeal against that conviction, sentence or order. (i) within 14 days after the passing of the sentence or order following on the conviction; or (ii) within such extended period as the court may on application and for good cause shown, allow. (a) Any application in terms of subsection (1) must be heard by the magistrate whose conviction, sentence or order is the subject of the prospective appeal (hereinafter referred to as the trial magistrate) or, if the trial magistrate is not available, by any other magistrate of the court concerned, to whom it is assigned for hearing. (b) If the application is to be heard by a magistrate, other than the trial magistrate, the clerk of the court must submit a copy of the record of the proceedings before the trial magistrate to the magistrate hearing the application: Provided that where the accused was legally represented at a trial in a regional court the clerk of the court must, subject to paragraph (c), only submit a copy of the judgment of the trial magistrate, including the reasons for the conviction, sentence or order in respect of which the appeal is sought to be noted to the magistrate hearing the application. (c) The magistrate referred to in the proviso to paragraph (b) may, if he or she deems it necessary in order to decide the application, request the full record of the proceedings before the trial magistrate. (d) Notice of the date fixed for the hearing of the application must be given to the Director of Public Prosecutions concerned, or to a person designated thereto by him or her, and the accused. (a) Every application for leave to appeal must set forth clearly and specifically the grounds upon which the accused desires to appeal. (b) If the accused applies orally for such leave immediately after the passing of the sentence or order, he or she must state such grounds, which must be recorded and form part of the record. (a) If an application for leave to appeal under subsection (1) is granted, the clerk of the court must, in accordance with the rules of the court, transmit copies of the record and of all relevant documents to the registrar of the High Court concerned: Provided that instead of the whole record, with the consent of the accused and the Director of Public Prosecutions, copies (one of which must be certified) may be transmitted of such parts of the record as may be agreed upon by the Director of Public Prosecutions and the accused to be sufficient, in which event the High Court concerned may nevertheless call for the production of the whole record. (b) If any application referred to in this section is refused, the magistrate must immediately record his or her reasons for such refusal. (a) An application for leave to appeal may be accompanied by an application to adduce further evidence (hereafter referred to as an application for further evidence) relating to the conviction, sentence or order in respect of which the appeal is sought to be noted. (i) further evidence which would presumably be accepted as true, is available; (ii) if accepted the evidence could reasonably lead to a different decision or order; and (iii) there is a reasonably acceptable explanation for the failure to produce the evidence before the close of the trial. (i) receive that evidence and further evidence rendered necessary thereby, including evidence in rebuttal called by the prosecutor and evidence called by the court; and (ii) record its findings or views with regard to that evidence, including the cogency and the sufficiency of the evidence, and the demeanour and credibility of any witness. (6) Any evidence received under subsection (5) shall for the purposes of an appeal be deemed to be evidence taken or admitted at the trial in question. (d) 'petition', unless the context otherwise indicates, includes an application referred to in subsection (2)(b)(ii). (iii) for leave to appeal, is refused by a lower court, the accused may by petition apply to the Judge President of the High Court having jurisdiction to grant any one or more of the applications in question. (i) within 21 days after the application in question was refused; or (ii) within such extended period as may on an application accompanying that petition, for good cause shown, be allowed. (a) If more than one application referred to in subsection (1) relate to the same matter, they should, as far as is possible, be dealt with in the same petition. (a) the application that was refused; (b) the magistrate's reasons for refusal of the application; and (c) the record of the proceedings in the magistrate's court in respect of which the application was refused. (a) A petition as provided for in this section must be considered in chambers by two judges designated by the Judge President. (b) If the judges referred to in paragraph (a) differ in opinion, the petition must also be considered in chambers by the Judge President or by any other judge designated by the Judge President. (c) For the purposes of paragraph (b) any decision of the majority of the judges considering the petition, shall be deemed to be the decision of all three judges. (a) call for any further information from the magistrate who refused the application in question, or from the magistrate who presided at the trial to which the application relates, as the case may be; or (b) in exceptional circumstances, order that the petition or any part thereof be argued before them at a time and place determined by them. (7) Judges considering a petition may, whether they have acted under subsection (6)(a) or (b) or not- (a) in the case of an application referred to in subsection (2)(b)(ii), grant or refuse the application; and (b) in the case of an application for condonation, grant or refuse the application, and if the application is granted- (i) direct that an application for leave to appeal must be made, within the period fixed by them, to the court referred to in section 309B(1);or (ii) if they deem it expedient, direct that an application for leave to appeal must be submitted under subsection (2) within the period fixed by them as if it had been refused by the court referred to in section 309B(1); and (c) in the case of an application for leave to appeal, subject to paragraph (d), grant or refuse the application; and (d) in the case of an application for further evidence, grant or refuse the application, and, if the application is granted the judges may, before deciding the application for leave to appeal, remit the matter to the magistrate's court concerned in order that further evidence may be received in accordance with section 309B(5). (a) as far as is possible, simultaneously; and (b) as a matter of urgency, where the accused was sentenced to any form of imprisonment that was not wholly suspended. (9) Notice of the date fixed for any hearing of a petition under this section, and of any place determined under subsection (6) for any hearing, must be given to the Director of Public Prosecutions concerned, or to a person designated by him or her, and the accused. (a) Other than a child contemplated in the Child Justice Act, 2008 (Act No. 75 of 2008), an accused- (ii) who is unrepresented at the time he or she is convicted and sentenced, must be informed by the presiding officer of his or her rights in respect of appeal and legal representation and of the correct procedures to give effect to these rights. (i) shall be suspended if he or she appeals against that conviction or sentence; and (ii) shall cease to apply once judgment in the appeal has been given. (2) An accused contemplated in subsection (1)(a) in respect of whom an application in terms of the proviso to section 309(2) or 309B is refused, must be informed by the presiding officer of his or her rights in respect of the proceedings contemplated in section 309C and legal representation and of the correct procedures involved to give effect to these rights. (a) to any form of imprisonment that was not wholly suspended; or (b) to any form of punishment which in view of the presiding officer may lead to substantial injustice for the accused, and he or she indicates to the presiding officer his or her intention to apply for leave to appeal in terms of section 309B(1)(a) or for leave to petition in terms of section 309C(2)(a), the presiding officer must refer the accused to Legal Aid South Africa referred to in section 2 of the Legal Aid South Africa Act, 2014, for the purpose of allowing him or her an opportunity to request legal representation to assist such accused in his or her application. (1) When a lower court has in criminal proceedings given a decision in favour of the accused on any question of law, including an order made under section 85(2), the attorney-general or, if a body or a person other than the attorney-general or his representative, was the prosecutor in the proceedings, then such other prosecutor may require the judicial officer concerned to state a case for the consideration of the provincial or local division having jurisdiction, setting forth the question of law and his decision thereon and, if evidence has been heard, his findings of fact, in so far as they are material to the question of law. (2) When such case has been stated, the attorney-general or other prosecutor, as the case may be, may appeal from the decision to the provincial or local division having jurisdiction. (3) The provisions of section 309(2) shall apply with reference to an appeal under this section. (4) If the appeal is allowed, the court which gave the decision appealed from shall, subject to the provisions of subsection (5) and after giving sufficient notice to both parties, reopen the case in which the decision was given and deal with it in the same manner as it should have dealt therewith if it had given a decision in accordance with the law as laid down by the provincial or local division in question. (5) In allowing the appeal, whether wholly or in part, the provincial or local division may itself impose such sentence or make such order as the lower court ought to have imposed or made, or it may remit the case to the lower court and direct that court to take such further steps as the provincial or local division considers proper. (1) The attorney-general may appeal against a sentence imposed upon an accused in a criminal case in a lower court, to the provincial or local division having jurisdiction, provided that an application for leave to appeal has been granted by a judge in chambers. (a) A written notice of such an application shall be lodged with the registrar of the provincial or local division concerned by the attorney-general, within a period of 30 days of the passing of sentence or within such extended period as may on application on good cause be allowed. (b) The notice shall state briefly the grounds for the application. (3) The attorney-general shall, at least 14 days before the day appointed for the hearing of the application, cause to be served by the deputy sheriff upon the accused in person a copy of the notice, together with a written statement of the rights of the accused in terms of subsection (4): Provided that if the deputy sheriff is not able so to serve a copy of the notice, it may be served in any other manner that may on application be allowed. (4) An accused may, within a period of 10 days of the serving of such a notice upon him, lodge a written submission with the registrar concerned, and the registrar shall submit it to the judge who is to hear the application, and shall send a copy thereof to the attorney-general. (5) Subject to the provisions of this section, section 309 shall apply mutatis mutandis with reference to an appeal in terms of this section. (6) Upon an application for leave to appeal referred to in subsection (1) or an appeal in terms of this section, the judge or the court, as the case may be, may order that the State pay the accused concerned the whole or any part of the costs to which the accused may have been put in opposing the application or appeal, taxed according to the scale in civil cases of the provincial or local division concerned. (1) Where the provincial or local division on appeal, whether brought by the attorney-general or other prosecutor or the person convicted, gives a decision in favour of the person convicted on a question of law, the attorney-general or other prosecutor against whom the decision is given may appeal to the Appellate Division of the Supreme Court, which shall, if it decides the matter in issue in favour of the appellant, set aside or vary the decision appealed from and, if the matter was brought before the provincial or local division in terms of - (a) section 309(1), re-instate the conviction, sentence or order of the lower court appealed from, either in its original form or in such a modified form as the said Appellate Division may consider desirable; or (b) section 310(2), give such decision or take such action as the provincial or local division ought, in the opinion of the said Appellate Division, to have given or taken (including any action under section 310(5), and thereupon the provisions of section 310(4) shall mutatis mutandis apply. (2) If an appeal brought by the attorney-general or other prosecutor under this section or section 310 is dismissed, the court dismissing the appeal may order that the appellant pay the respondent the costs to which the respondent may have been put in opposing the appeal, taxed according to the scale in civil cases of that court: Provided that where the attorney-general is the appellant, the costs which he is so ordered to pay shall be paid by the State. (1) Where a conviction and sentence under section 112 are set aside on review or appeal on the ground that any provision of subsection (1)(b) or subsection (2) of that section was not complied with, or on the ground that the provisions of section 113 should have been applied, the court in question shall remit the case to the court by which the sentence was imposed and direct that court to comply with the provision in question or to act in terms of section 113, as the case may be. (2) When the provision referred to in subsection (1) is complied with and the judicial officer is after such compliance not satisfied as is required by section 112(1)(b) or 112(2), he shall enter a plea of not guilty whereupon the provisions of section 113 shall apply with reference to the matter.

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ISBN: B00SBRSV1E

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