Meyer v S (A264/2005) [2008] ZAWCHC 160 (7 March 2008)

Meyer v S (A264/2005) [2008] ZAWCHC 160 (7 March 2008)

The regional court lacked jurisdiction to sentence the appellant for the offences of rape and indecent assault where the victims were under 16 years of age, as these offences fall under Part I of Schedule 2 of the Criminal Law Amendment Act, No. 105 of 1997. Section 52(1) of the Act, as amended, requires the regional court to stop proceedings after conviction and refer the accused to the High Court for sentencing. The sentences imposed by the regional magistrate were ultra vires and null. The High Court, exercising its review powers under section 304(4) of the Criminal Procedure Act, No. 51 of 1977, set aside the sentences and issued the appropriate referral order.

Citation
[2008] ZAWCHC 160
Parties
Appellant: Rashaad Meyer; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
7 March 2008
Case Number
A264/2005
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal struck from the roll; sentences set aside; matter referred to the High Court for sentencing.
Judges
Thring, de Swardt
Legal Topics
Jurisdiction of Sentencing, Rape of Minor, Ultra Vires Sentencing, Review Powers High Court
Criminal Law Civil Procedure Jurisdiction of Sentencing Rape of Minor Ultra Vires Sentencing Review Powers High Court

Case Brief

Summary, issues, holding and outcome

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Parties

Rashaad Meyer

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the regional court had jurisdiction to sentence the appellant for offences listed under Part I of Schedule 2 of the Criminal Law Amendment Act, No. 105 of 1997.
  2. 2 Whether the sentences imposed by the regional court were valid.
  3. 3 Whether the High Court should exercise its review powers to set aside the sentences and issue the appropriate referral order.

Ratio Decidendi

The regional court lacked jurisdiction to sentence the appellant for the offences of rape and indecent assault where the victims were under 16 years of age, as these offences fall under Part I of Schedule 2 of the Criminal Law Amendment Act, No. 105 of 1997. Section 52(1) of the Act, as amended, requires the regional court to stop proceedings after conviction and refer the accused to the High Court for sentencing. The sentences imposed by the regional magistrate were ultra vires and null. The High Court, exercising its review powers under section 304(4) of the Criminal Procedure Act, No. 51 of 1977, set aside the sentences and issued the appropriate referral order.

Court Disposition

Appeal struck from the roll; sentences set aside; matter referred to the High Court for sentencing.

Orders

  • The appeal is struck from the roll.
  • The sentences imposed by the regional court are set aside.