Olifant v S (A608/2015) [2016] ZAGPPHC 667 (29 July 2016)

Olifant v S (A608/2015) [2016] ZAGPPHC 667 (29 July 2016)

The court found that the interim protection order had been confirmed as a final order on 26 April 2007, as evidenced by Exhibit B and the testimony of the clerk and complainant. The appellant was aware of the final order and its terms, which prohibited threatening or assaulting the complainant. The trial magistrate erred by not substituting the interim order with the final order and by convicting the appellant of 'insulting' the complainant, which was not covered by the order. However, the evidence proved beyond reasonable doubt that the appellant threatened the complainant in contravention of the final protection order. The conviction was amended to reflect the contravention of the final...

Citation
[2016] ZAGPPHC 667
Parties
Appellant: S A Olifant; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 July 2016
Case Number
A608/2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal dismissed; conviction amended to reflect contravention of the final protection order dated 26 April 2007; sentence confirmed.
Judges
M Bongwe, NV Khumalo
Legal Topics
Domestic Violence Act, Contravention of Protection Order, Criminal Procedure, Sentence Confirmation
Criminal Law Family and Children Domestic Violence Act Contravention of Protection Order Criminal Procedure Sentence Confirmation

Case Brief

Summary, issues, holding and outcome

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Parties

S A Olifant

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the protection order relied upon for the conviction was valid and in force at the time of the alleged contravention.
  2. 2 Whether the appellant's conduct constituted a contravention of the protection order.
  3. 3 Whether the conviction and sentence imposed by the trial court were correct in law.

Ratio Decidendi

The court found that the interim protection order had been confirmed as a final order on 26 April 2007, as evidenced by Exhibit B and the testimony of the clerk and complainant. The appellant was aware of the final order and its terms, which prohibited threatening or assaulting the complainant. The trial magistrate erred by not substituting the interim order with the final order and by convicting the appellant of 'insulting' the complainant, which was not covered by the order. However, the evidence proved beyond reasonable doubt that the appellant threatened the complainant in contravention of the final protection order. The conviction was amended to reflect the contravention of the final...

Court Disposition

Appeal dismissed; conviction amended to reflect contravention of the final protection order dated 26 April 2007; sentence confirmed.

Orders

  • The appeal is dismissed.
  • The interim order dated 5 May 2006 is replaced by the amended final order dated 26 April 2007.