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''S v Rabie''〔1975 (4) SA 855 (A).〕 is an important case in South African law, heard in the Appellate Division on 12 September 1975, with judgment handed down on 23 September. The presiding officers were Holmes JA, Corbett JA and Kotzé AJA. The case is significant primarily in the area of sentencing, with its determination that the punishment should * fit the criminal as well as the crime; * be fair to society; and * be blended with a measure of mercy according to the circumstances. The court held that in every appeal against a sentence, whether imposed by a magistrate or a Judge, the Court hearing the appeal # should be guided by the principle that punishment is "pre-eminently a matter for the discretion of the trial Court"; and # should be careful not to erode such discretion; hence the further principle that the sentence should only be altered if the discretion has not been "judicially and properly exercised." The test under the second of these points is whether the sentence is vitiated by irregularity or misdirection or is disturbingly inappropriate. == Facts == The appellant had been convicted on nineteen counts of fraud, which had been taken together for the purposes of sentence, the appellant having been sentenced to * a fine of R5 000; and * imprisonment for three years, of which two years had been suspended on relevant conditions. In addition he had been convicted and fined on three counts of overcharging. In an appeal against the sentence on the nineteen counts of fraud, it was contended that they amounted substantially to the same offence of overcharging in contravention of the Rents Act,〔Act 43 of 1950.〕〔s 10(1)(a).〕 for which the appellant had merely been fined on the other three counts on which he had been convicted. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「S v Rabie」の詳細全文を読む スポンサード リンク
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