Liang v S (A344/2015) [2016] ZAWCHC 64; [2016] 3 All SA 571 (WCC) (1 June 2016)

Liang v S (A344/2015) [2016] ZAWCHC 64; [2016] 3 All SA 571 (WCC) (1 June 2016)

The court found that the conviction on counts 1 and 2 constituted an improper duplication of charges and set aside the conviction on count 2. The evidence established beyond reasonable doubt that the appellant acquired and possessed the ivory and abalone, and the trial court was correct in excluding the bail proceedings due to lack of proper warning. The fine of R5 million imposed by the trial court exceeded its monetary jurisdiction and was substituted with the maximum permissible fine of R300,000. The sentence of seven years direct imprisonment for the ivory count and two years for the abalone count was upheld, given the seriousness of the offences and the appellant's prior conviction....

Citation
[2016] ZAWCHC 64
Parties
Appellant: Cheng Jie Liang; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
1 June 2016
Case Number
A344/2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal succeeds in part; conviction on count 2 and excessive fine set aside; convictions and sentences on counts 1 and 3 upheld.
Judges
Samela, Cloete
Legal Topics
Unlawful Possession of Ivory, Unlawful Possession of Abalone, Statutory Offences, Duplication of Charges, Sentencing Jurisdiction
Criminal Law Environmental Law Unlawful Possession of Ivory Unlawful Possession of Abalone Statutory Offences Duplication of Charges Sentencing Jurisdiction

Case Brief

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Parties

Cheng Jie Liang

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction on counts 1 and 2 amounted to improper splitting of charges.
  2. 2 Whether the fine of R5 million exceeded the monetary jurisdiction of the regional court.
  3. 3 Whether the sentence of two years imprisonment on count 3 was unduly harsh.

Ratio Decidendi

The court found that the conviction on counts 1 and 2 constituted an improper duplication of charges and set aside the conviction on count 2. The evidence established beyond reasonable doubt that the appellant acquired and possessed the ivory and abalone, and the trial court was correct in excluding the bail proceedings due to lack of proper warning. The fine of R5 million imposed by the trial court exceeded its monetary jurisdiction and was substituted with the maximum permissible fine of R300,000. The sentence of seven years direct imprisonment for the ivory count and two years for the abalone count was upheld, given the seriousness of the offences and the appellant's prior conviction....

Court Disposition

Appeal succeeds in part; conviction on count 2 and excessive fine set aside; convictions and sentences on counts 1 and 3 upheld.

Orders

  • The conviction in respect of count 2 is set aside.
  • The sentence in respect of count 1 is set aside and substituted with seven years direct imprisonment and a fine of R300,000, with 24 months imprisonment in default of payment, not running concurrently, antedated to 5 September 2014.