CHAPTER 36
REVIEWS AND APPEALS IN CASES OF CRIMINAL PROCEEDINGS IN MAGISTRATES’ COURTS

Appeal from magistrate’s court by person convicted

335. (1) A person convicted of an offence by a magistrate’s court (including a person discharged after conviction) may appeal against that conviction and against any resultant sentence or order to the High Court.

(2) An appeal under this section must be noted and be prosecuted within the period and in the manner prescribed by the rules of court, but the High Court in any case may extend that period.

(3) The High Court hearing an appeal under this section has the powers referred to in section 330(2), and, unless the appeal is based solely on a question of law, the High Court has, in addition to those powers, the power to increase any sentence imposed on the appellant or to impose any other form of sentence instead of or in addition to such sentence, but, notwithstanding that the High Court is of the opinion that a point raised might be decided in favour of the appellant, no conviction or sentence may be reversed or altered by reason of an irregularity or defect in the record or proceedings unless it appears to the High Court that a failure of justice has in fact resulted from that irregularity or defect.

(4) When an appeal under this section is noted, sections 333 and 334 apply with the necessary changes in respect of the sentence appealed against.

(5) When the High Court gives a decision on appeal against a decision of the magistrate’s court and the former decision is appealed against, the High Court has the powers in respect of the granting of bail that a magistrate’s court has in terms of section 333.

CHAPTER 37
APPEALS IN CASES OF CRIMINAL PROCEEDINGS IN HIGH COURT

Applications for condonation, for leave to appeal and for leave to lead further evidence

343. (1) An accused convicted of an offence before the High Court may, within 14 days of the passing of any sentence as a result of such conviction or within such extended period as may on application (in this section referred to as an application for condonation) on good cause be allowed, apply to the judge who presided at the trial or, if that judge is not available, to any other judge of the High Court for leave to appeal against his or her conviction or against any sentence or order following thereon (in this section referred to as an application for leave to appeal), and an accused convicted of an offence before the High Court on a plea of guilty may, within the same period, apply for leave to appeal against any sentence or any order following thereon.