C.D and Another v S (A253/2019) [2019] ZAWCHC 147; 2020 (1) SACR 134 (WCC) (6 November 2019)

C.D and Another v S (A253/2019) [2019] ZAWCHC 147; 2020 (1) SACR 134 (WCC) (6 November 2019)

The appeal was upheld because the matter was not properly placed before the Regional Court for sentencing in terms of section 116(1)(b) of the Criminal Procedure Act. The District Court did not clearly express its opinion that the previous convictions warranted a sentence beyond its jurisdiction, nor did it properly record the committal. The Regional Court failed to obtain the pre-sentence reports ordered by the District Court and did not follow the correct procedure. The appellate court found that the sentence imposed was not properly considered and that the procedural irregularities justified interference. The sentences were set aside and replaced with a more appropriate sentence,...

Citation
[2019] ZAWCHC 147
Parties
Appellant: C D; Appellant: J J; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
6 November 2019
Case Number
A253/2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence Only
Outcome
Appeal upheld; sentences set aside and replaced.
Judges
DM Thulare, L Bozalek
Legal Topics
Housebreaking With Intent to Steal, Sentencing Procedure, Previous Convictions, Committal for Sentence, Suspended Sentence
Criminal Law Civil Procedure Housebreaking With Intent to Steal Sentencing Procedure Previous Convictions Committal for Sentence Suspended Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

C D

Appellant

J J

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence Only

Legal Issues

  1. 1 Whether the matter was properly placed before the Regional Court for sentencing in terms of section 116(1)(b) of the Criminal Procedure Act.
  2. 2 Whether the Regional Court erred in not obtaining a pre-sentence report as previously ordered by the District Court.
  3. 3 Whether the sentence imposed was balanced and appropriate given the circumstances and previous convictions.

Ratio Decidendi

The appeal was upheld because the matter was not properly placed before the Regional Court for sentencing in terms of section 116(1)(b) of the Criminal Procedure Act. The District Court did not clearly express its opinion that the previous convictions warranted a sentence beyond its jurisdiction, nor did it properly record the committal. The Regional Court failed to obtain the pre-sentence reports ordered by the District Court and did not follow the correct procedure. The appellate court found that the sentence imposed was not properly considered and that the procedural irregularities justified interference. The sentences were set aside and replaced with a more appropriate sentence,...

Court Disposition

Appeal upheld; sentences set aside and replaced.

Orders

  • Each appellant is sentenced to four (4) years imprisonment, of which two (2) years imprisonment is suspended for five (5) years on condition that the accused is not convicted of housebreaking with intent to commit an offence or a charge of theft committed during the period of suspension.