PRINCIPLES GOVERNING SENTENCE ON A CHARGE OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS

Authors

  • Shannon Hoctor

DOI:

https://doi.org/10.17159/obiter.v27i2.14388

Keywords:

imposing sentence, driving under the influence of intoxicating liquor or drugs

Abstract

Section 65 of the National Road Traffic Act 93 of 1996 creates a number of offences relating to drink-driving (all references to statutory provisions which follow refer to this Act). The primary rationale for these provisions is the protection of the public (R v Bezuidenhout 1953 2 SA 18 (SR) 19E; R v Kerr 1961 4 SA 476 (SR) 478A; and S v Williamson 1972 2 SA 140 (N) 144E-F). This note seeks to outline the principles which a court will consider in imposing sentence in respect of the most serious of these offences: driving under the influence of intoxicating liquor or drugs, contained in section 65(1)(a) of the Act. (The note will follow a similar structure to the discussion
in Cooper Motor Law Volume I (1982) 575-579, and readers seeking references to earlier case law in point are referred to this discussion.) 

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Published

20-07-2022

How to Cite

Shannon Hoctor. (2022). PRINCIPLES GOVERNING SENTENCE ON A CHARGE OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS. Obiter, 27(2). https://doi.org/10.17159/obiter.v27i2.14388

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Notes