Will First Offender Drunken Drivers Go To Jail?

15 June 2020 , Lefevré Joubert 940

In a recent Appeal Court Case the appellant had been convicted of driving whilst under the influence of liquor, in violation of section 65(1) (a) of the National Road Traffic Act and driving without a valid driver's licence, in contravention of section 12(a) of the Act.

He pleaded guilty to both counts and was sentenced to 5 years' imprisonment on count 1, and a fine of R1,000 or 3 months' imprisonment on count 2. In the Appeal against the sentence, the sentence imposed by the trial court in respect of driving whilst under the influence of liquor was set aside for being too excessive for a first offender. The Court found that imprisonment of a first offender for drunken driving is inappropriate.

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