S v Amsterdam (A520/17) [2017] ZAGPPHC 861 (12 October 2017)
- Citation
- [2017] ZAGPPHC 861
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- H.J Fabricius, A.J Bam
- Case number
- A520/17
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- H.J Fabricius, A.J Bam
- Case number
- A520/17
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Magistrate imposed a suspended sentence of imprisonment under section 112(1)(a) of the Criminal Procedure Act, which is not permissible as the section only allows for minor sentences such as a fine or correctional supervision. The sentence was therefore incompetent and had to be set aside. The matter was referred back to the Magistrate for the imposition of a proper sentence in accordance with the Act.
Court disposition
The sentence imposed by the Magistrate is set aside as incompetent. The matter is referred back for proper sentencing.
Orders
- The suspended sentence of imprisonment imposed by the Magistrate is set aside.
- The case is referred back to the Magistrate for the imposition of a proper sentence in terms of section 112(1)(a) of the Criminal Procedure Act.
02
Material facts
Parties
The State
ApplicantAntony Amsterdam
Respondent03
Procedural history
Posture
Review Application / Special Review
04
Questions and positions
Legal issues
- 01
Whether the sentence imposed by the Magistrate under section 112(1)(a) of the Criminal Procedure Act was competent.
- 02
Whether a suspended sentence of imprisonment without the option of a fine is permissible under section 112(1)(a).
Party arguments
- Applicant
- The State did not advance formal arguments in the special review; the matter was referred for judicial scrutiny of the sentence imposed under section 112(1)(a) of the Criminal Procedure Act.
- Respondent
- The accused pleaded guilty to theft and was convicted; no substantive argument was advanced regarding the sentence, as the review concerns the Magistrate's competence in sentencing.
05
Court’s reasoning
Legal principles
- 01
Criminal Procedure Act 51 of 1977, s. 112(1)(a)
A suspended sentence of imprisonment without the option of a fine is not competent under section 112(1)(a) of the Criminal Procedure Act.
- 02
Criminal Procedure Act 51 of 1977
The review court has the power to set aside an incompetent sentence and refer the matter back for proper sentencing.
06
Ratio, limits and disposition
Ratio decidendi
The Magistrate imposed a suspended sentence of imprisonment under section 112(1)(a) of the Criminal Procedure Act, which is not permissible as the section only allows for minor sentences such as a fine or correctional supervision. The sentence was therefore incompetent and had to be set aside. The matter was referred back to the Magistrate for the imposition of a proper sentence in accordance with the Act.
Court disposition
The sentence imposed by the Magistrate is set aside as incompetent. The matter is referred back for proper sentencing.
- The suspended sentence of imprisonment imposed by the Magistrate is set aside.
- The case is referred back to the Magistrate for the imposition of a proper sentence in terms of section 112(1)(a) of the Criminal Procedure Act.
Source and reliance status
North Gauteng High Court, Pretoria
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Judgment
IN
THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
Review Case Number:
A9 2 /17
High Court Reference Number:
302/2017
Magistrate's Serial Number:
02/17
In the matter between:
THE STATE Vs ANTONY
AMSTERDAM
SPECIAL
REVIEW JUDGMENT
Fabricius J,
1.
This case is dealt with as a special review.
2.
The accused pleaded guilty to a charge of theft and was convicted.
3.
The Magistrate acted in terms of s. 112 (1) (a) of the Criminal Procedure Act 51 of 1977, but did not impose a proper sentence in that a suspended sentence of imprisonment was imposed without the option of a fine. This sentence is incompetent and is set aside.
4.
This case is referred back to the Magistrate for the imposition of a proper sentence in terms of s. 112 (1) (a) of the Act.
_____
JUDGE H.J FABRICIUS
JUDGE OF THE HIGH COURT GAUTENG DIVISION, PRETORIA
And
I agree
JUDGE A. J. BAM
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