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The Regional Magistrate refused to grant bail pending an appeal, but after M had been in jail for three months, the Cape High Court granted leave to appeal and allowed her to be released on bail.

The High Court later held that she had been wrongly convicted on a count of fraud involving an amount of R10 000, and, since this reduced the quantum of the remaining counts to R19 158, 69, converted her sentence to one of imprisonment under section 276(1)(i) of the Criminal Procedure Act (the CPA).

It did, however, enrol her application for leave to appeal against the sentence. If it was to hold that these duties were not observed, what order should this Court make, if any?This is not merely a formula, nor a judicial incantation, the mere stating whereof satisfies the requirements.What is necessary is that the Court shall consider, and try to balance evenly, the nature and circumstances of the offence, the characteristics of the offender and his circumstances and the impact of the crime on the community, its welfare and concern.” in the assessment of an appropriate sentence the court is also required to have regard to the main purposes of punishment, namely, its deterrent, preventive, reformative and retributive aspects.In 2002 she was convicted in the Wynberg Regional Court on 38 counts of fraud and four counts of theft.The Court took all the counts together for purposes of sentence. The Court asked for a correctional supervision report.

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