South Africa Law
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This is frustrating. I am of the view that you will most probably look at a suspended sentence with a fine of community service.
The problem is that the system can cost you a lot of money as you already saw. My view on this is that it should be discussed with you legal representative to negotiate a plea bargain with the prosecutor. This instruction you will have to give to your attorney, otherwise he would not do it.
The problem is that future postponements are not excluded and cost you even more money, I therefore have understanding for your view.
The key is however to discuss and come to an agreement with the prosecutor, as the deal have to come from both sides as they will also come to the party with a much reduced sentence.
I doubt strongly whether you will look at anything more than a suspended sentence.
I trust this helps.
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The magistrate has a discretion and there is no table or schedule. They have maximum sentences they can hand down. For example, maximum 3 year jail sentence can be handed down by magistrate and fines up to R100 000. If you plead guilty you will have a criminal record for crimen injuria and you can request after 10 years for same to be removed from your name.
Still think you will look at a suspended sentence, as you know there are no guarantees.
Please keep in mind that a civil action might also be instituted after the trial has been finalised.
Trust this helps?
Suspended sentence will meant that you will get for example a fine of R10 000, suspended for 3 years. This will mean that if you are found guilty of the same offense within the 3 years you will have to pay the fine of R10 000 added to the penalty of the second offense.
It is difficult to go on case law as all scenarios are different with different evidence presented to them. I won't use this as a guideline, neither will the magistrate.
My answer was indeed not accepted. This seems to be a mistake. Please be advised that the expert does not have any control over what gets deducted or not.
I apologise for the inconvenience and will see to the position being rectified.
I will keep you posted on when the refund will be done.
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