Hendricks v S (A343/2007) [2008] ZAWCHC 179 (18 April 2008)

Hendricks v S (A343/2007) [2008] ZAWCHC 179 (18 April 2008)

The court found that although the appellant had previous convictions and had disregarded the law, the sentences imposed by the magistrate were disproportionate to the nature of the offences, which essentially amounted to verbal crimen injuria. The maximum penalty provided by the Domestic Violence Act did not justify the severity of the sentences in this case. The court held that the sentences were excessive and substituted them with six months' imprisonment on each count.

Citation
[2008] ZAWCHC 179
Parties
Appellant: Sevoro Hendricks; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
18 April 2008
Case Number
A343/2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal upheld. Sentences imposed by the magistrate set aside and substituted.
Judges
Meer, N C Erasmus
Legal Topics
Domestic Violence Act, Protection Order Contravention, Sentencing Principles, Crimen Injuria
Criminal Law Family and Children Domestic Violence Act Protection Order Contravention Sentencing Principles Crimen Injuria

Case Brief

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Parties

Sevoro Hendricks

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for contravention of protection orders under the Domestic Violence Act were excessive.
  2. 2 Whether the sentences should have been ordered to run concurrently.

Ratio Decidendi

The court found that although the appellant had previous convictions and had disregarded the law, the sentences imposed by the magistrate were disproportionate to the nature of the offences, which essentially amounted to verbal crimen injuria. The maximum penalty provided by the Domestic Violence Act did not justify the severity of the sentences in this case. The court held that the sentences were excessive and substituted them with six months' imprisonment on each count.

Court Disposition

Appeal upheld. Sentences imposed by the magistrate set aside and substituted.

Orders

  • The sentence of three years' imprisonment on each count is set aside.
  • The appellant is sentenced to six months' imprisonment on each count.