(ii) no hearsay evidence, other than evidence of a statistical nature, and no affidavit, written report or
written statement shall be called or tendered by the accused or his legal representative unless the
prosecutor consents thereto;
(iii) the court in which any affidavit or written report is tendered may cause the person making it to
be summoned to give oral evidence in the proceedings;
(iv) no hearsay evidence, other than evidence of a statistical nature, shall be given by a witness called
by the court pursuant to its powers conferred by section two hundred and thirty-two unless both
the prosecutor and the accused or his legal representative consent thereto.
(4) …..
[Subsection repealed by section 26 of Act 9 of 2006.]
(5) Where an accused has been convicted of any offence otherwise than in terms of section two hundred and
seventy-one, the provisions of subsection (5) of that section shall apply, mutatis mutandis.
(6) Any warrant for the execution of any sentence passed in a criminal case by any court may be issued either
by the judge or magistrate who passed the sentence or by any other judge or magistrate of that court.
(7) If, in a magistrates court, sentence is not passed upon an offender forthwith upon his conviction or if, by
reason of any decision or order of the Supreme Court or High Court, as the case may be, on appeal, review or
otherwise, it is necessary to add to or vary any sentence passed in a magistrates court, or to pass sentence anew in
such court, any magistrate of that court may, in the absence of the magistrate who convicted the offender or
passed the sentence, as the case may be, pass sentence on the offender after consideration of the evidence recorded and in the presence of the offender.
335 Consideration of other offences admitted by accused
(1) Upon convicting an accused of any offence, the court may, with the prosecutor’s consent and on application by the accused, pass sentence upon the a ccused for other untried offences as if they had been separately
charged if the court is satisfied that the accused freely and voluntarily admits having committed those other o ffences.
(2) Notwithstanding anything to the contrary in section 56 of the Magistrates Court Act [Chapter 7:10], a
magistrates court may, in terms of subsection (1), pass sentence upon the accused for an offence notwithstanding
the fact that no act, omission or event which is an element of the offence took place in the province or regional
division for which the court is established.
(3) If the court passes sentence upon the accused for an offence in terms of subsection (1), the court shall record—
(a) the date, place and nature of the offence; and
(b) the sentence passed upon the accused in respect thereof;
and the accused shall be deemed to have been convicted and sentenced for the offence.
(4) If the conviction of the offence with which the accused was charged is set aside on appeal or review, the
conviction and sentence referred to in subsection (3) shall be deemed to be set aside:
Provided that no person shall be entitled to plead that he has already been acquitted of an offence with which
he is charged by virtue of the setting aside of a conviction in terms of this subsection.
PART XVIII
PUN ISHMENTS
335 A Interpretation in Part XVIII
In this Part
“community service” means any service for the benefit of the community or a section thereof which an offender is required to render in terms of community service order or an order made under section three
hundred and forty-seven or three hundred and fifty-eight;
“community service order” means an order under section three hundred and fifty A.
[Section inserted by section 10 of Act 8 of 1997.]
336 Nature of punishments
(1) Subject to this Act and any other law, a court may impose the following punishments upon a convicted
offender—
(a) in the case of the High Court, sentence of death, where the offender is convicted of an offence referred
to in section three hundred and thirty-seven;
(b) imprisonment for life;
[Paragraph as substituted by section 11 of Act 8 of 1997.]
(b1) imprisonment for a determinate period;
[Paragraph inserted by section 11 of Act 8 of 1997.]
(c) extended imprisonment in terms of section three hundred and forty-six;
Select target paragraph3
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