- Pillay v S (739/10) [2011] ZASCA 1110.11 MB
The appellant, Ms J Pillay was convicted by the Regional Court, Durban on 34 counts of fraud and sentenced to 5 years in terms of s 2761(i) of the Criminal Procedure Act. This implies that she had to spend some period in custody prior to being released on parole. At the time of her sentence, she was 32 years old, first offender, employed as a legal secretary and had 6 children.
Her appeal to the KwaZulu Natal High Court failed.
The SCA set aside her sentence, remitted the matter to the Regional Court to impose sentence afresh after obtaining material evidence indicating what impact her incarceration will have on her children, if such sentence is imposed on her. Depending on the circumstances, the fresh sentence to be imposed might or might not, involve her incarceration.
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