Criminal Procedure Act, 1977 (Act No. 51 of 1977)Chapter 30 : Reviews and Appeals in Cases of Criminal Proceedings in Lower Courts309. Appeal from lower court by person convicted |
| (1) |
| (a) | Subject to section 84 of the Child Justice Act, 2008 (Act No. 75 of 2008), any person convicted of any offence by any lower court (including a person discharged after conviction) may, subject to leave to appeal being granted in terms of section 309B or 309C, appeal against such conviction and against any resultant sentence or order to the High Court having jurisdiction: Provided that if that person was sentenced to imprisonment for life by a regional court under section 51(1) of the Criminal Law Amendment Act, 1997 (Act No. 105 of 1997), he or she may note such an appeal without having to apply for leave in terms of section 309B: Provided further that the provisions of section 302(1)(b) shall apply in respect of a person who duly notes an appeal against a conviction, sentence or order as contemplated in section 302(1)(a). |
[Section 309(1)(a) substituted by section 10 of Act No. 42 of 2013]
| (b) | Where, in the case of a regional court, a conviction takes place within the area of jurisdiction of one provincial division and any resultant sentence or order is passed or, as the case may be, is made within the area of jurisdiction of another provincial division, any appeal against such conviction or such sentence or order shall be heard by the last mentioned provincial division. |
| (2) | An appeal under this section shall be noted and be prosecuted within the period and in the manner prescribed by the rules of court: Provided that the magistrate against whose decision or order the appeal is to be noted, or if he or she is unavailable any other magistrate of the court concerned, may on application and on good cause shown, extend such period. |
[Section 309(2) substituted by section 2(b) of Act No. 76 of 1997]
| (3) | The provincial or local division concerned shall thereupon have the powers referred to in section 304(2), and, unless the appeal is based solely upon a question of law, the provincial or local division shall, in addition to such powers, have the power to increase any sentence imposed upon the appellant or to impose any other form of sentence in lieu of or in addition to such sentence: Provided that, notwithstanding that the provincial or local division is of the opinion that any point raised might be decided in favour of the appellant, no conviction or sentence shall be reversed or altered by reason of any irregularity or defect in the record or proceedings, unless it appears to such division that a failure of justice has in fact resulted from such irregularity or defect. |
[Section 309(3) substituted by section 38 of Act No. 105 of 1997]
| (3A) | [Section 309(3A) deleted by section 13 of Act No. 66 of 2008] |
| (4) | When an appeal under this section is noted, the provisions of— |
| (a) | [Section 309(4)(a) deleted by section 2(d) of Act No. 76 of 1997]; |
| (b) | sections 307 and 308A shall mutatis mutandis apply with reference to the sentence appealed against. |
[Section 309(4)(b) substituted by section 2 of Act No. 33 of 1997]
| (5) | When a provincial or local division of the Supreme Court gives a decision on appeal against a decision of the magistrate's court and the former decision is appealed against, such division of the Supreme Court has the powers in respect of the granting of bail which a magistrate’s court has in terms of section 307. |
[Section 309(5) inserted by section 13 of Act No. 75 of 1995]