Read the full judgment text of CACC 000406/2005 on BabelCite. This Court of Appeal judgment was delivered on 10 February 2006 before Stock JA.
Criminal law – sentencing – leave to appeal against sentence – manifestly excessive – burglary-type offences – non-domestic, unoccupied building – obtaining a meal – whether term of 35 months' imprisonment manifestly excessive – Court of Appeal grants leave to appeal against sentence – photographs to form part of appeal bundle. Looking at the facts and the photographs, the intention was clearly to obtain a meal in a building which was not domestic and was not occupied, and the description of 'ransacking' gave an impression that was perhaps not borne out by the photographs. The Court of Appeal granted the applicant leave to appeal against sentence, considering it appropriate to inquire whether a total of 35 months' imprisonment on these guilty pleas is or is not manifestly excessive. The photographs were directed to be made part of the appeal bundle.
Legal issues: Whether sentence of 35 months' imprisonment is manifestly excessive
Outcome: Leave to appeal against sentence granted; the Court of Appeal will inquire whether 35 months' imprisonment is manifestly excessive
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