S v Camako (A450/2007) [2008] ZAGPHC 278 (18 September 2008)

S v Camako (A450/2007) [2008] ZAGPHC 278 (18 September 2008)

The sentence imposed by the regional magistrate was a nullity because the magistrate failed to refer the matter to the High Court for sentencing as required by section 52(1) of Act 105 of 1997. The subsequent legislative amendment (Act 38 of 2007) now empowers the regional court to impose life imprisonment for offences listed in Part I of Schedule 2. Since the appellant has not yet been committed for sentencing by the High Court, the matter must be referred back to the regional court for sentencing in terms of the amended section 51. The court exercised its powers under the Supreme Court Act and the Criminal Procedure Act to set aside the invalid sentence and direct the appropriate...

Citation
[2008] ZAGPHC 278
Parties
Appellant: Sydney Camako; Respondent: The State
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
18 September 2008
Case Number
A450/2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Sentence set aside; matter referred back to regional court for sentencing under amended legislation.
Judges
B.R. Southwood, A.A. Louw, W.A.J. Van Zyl
Legal Topics
Sentencing Procedure, Nullity of Sentence, Transitional Provisions, Life Imprisonment, Substantial and Compelling Circumstances
Criminal Law Civil Procedure Sentencing Procedure Nullity of Sentence Transitional Provisions Life Imprisonment Substantial and Compelling Circumstances

Case Brief

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Parties

Sydney Camako

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed by the regional magistrate was a nullity due to procedural error.
  2. 2 Whether the matter should be referred back to the regional court for sentencing under amended legislation.
  3. 3 What is the effect of the Criminal Law (Sentencing) Amendment Act 38 of 2007 on the sentencing powers of the regional court.

Ratio Decidendi

The sentence imposed by the regional magistrate was a nullity because the magistrate failed to refer the matter to the High Court for sentencing as required by section 52(1) of Act 105 of 1997. The subsequent legislative amendment (Act 38 of 2007) now empowers the regional court to impose life imprisonment for offences listed in Part I of Schedule 2. Since the appellant has not yet been committed for sentencing by the High Court, the matter must be referred back to the regional court for sentencing in terms of the amended section 51. The court exercised its powers under the Supreme Court Act and the Criminal Procedure Act to set aside the invalid sentence and direct the appropriate...

Court Disposition

Sentence set aside; matter referred back to regional court for sentencing under amended legislation.

Orders

  • The sentence is set aside.
  • The matter is referred back to the regional court for sentencing in terms of section 51 of Act 105 of 1997 as amended by Act 38 of 2007 on 31 December 2007.