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South Africa Judgment

Limpopo High Court, Thohoyandou

S v C.S.M (30/2016) [2016] ZALMPTHC 12 (4 March 2016)

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Source document

01

Holding and result

The conviction for assault with intent to do grievous bodily harm is confirmed, as the State proved its case beyond reasonable doubt. However, the sentence imposed by the trial court was excessive and not supported by a proper consideration of the accused's personal circumstances. The record lacked sufficient information regarding the accused's age and financial position, and the accused was subjected to disrespectful treatment during sentencing. The High Court intervened to ensure that sentencing principles were properly applied and that the accused was treated with dignity, substituting the sentence with a more appropriate penalty.

Court disposition

Conviction confirmed; sentence set aside and substituted.

Orders

  • The conviction is confirmed.
  • The sentence is set aside and substituted with: The accused is sentenced to a fine of R600 or 3 months imprisonment.

02

Material facts

Parties

The State

Applicant

[C…….][S…..][M…….]

Respondent

Amounts and remedies

  • Original Sentence Imposed: ZAR 12,000
  • Substituted Fine: ZAR 600
  • Respondent's Monthly Earnings: ZAR 700

03

Procedural history

  1. Posture

    Criminal Review / Automatic Review Under Section 302 of the Criminal Procedure Act

04

Questions and positions

Legal issues

Party arguments

Applicant
The State presented evidence that the accused assaulted his wife by releasing a stone from a catapult, causing injury to her mouth. The prosecution argued that the facts supported a conviction for assault with intent to do grievous bodily harm.
Respondent
The accused's personal circumstances were not fully recorded, but it was noted that he is unemployed, earns approximately R700 per month from odd jobs, has seven children, and is a first offender. The accused was subjected to disrespectful treatment during sentencing, with the prosecutor calling him 'barbaric and primitive'.

05

Court’s reasoning

  1. 01

    S v Zinn 1969 (2) SA 537 (A)

    A sentencing court must obtain all relevant circumstances pertaining to the accused before passing sentence.

  2. 02

    Section 35(3)(e) of the Constitution of the Republic of South Africa, 1996

    Accused persons must be treated with dignity and respect during court proceedings.

  3. 03

    Criminal Procedure Act 51 of 1977, section 302

    Automatic review under section 302 of the Criminal Procedure Act allows the High Court to intervene where the sentence is inappropriate or prejudicial.

06

Ratio, limits and disposition

Ratio decidendi

The conviction for assault with intent to do grievous bodily harm is confirmed, as the State proved its case beyond reasonable doubt. However, the sentence imposed by the trial court was excessive and not supported by a proper consideration of the accused's personal circumstances. The record lacked sufficient information regarding the accused's age and financial position, and the accused was subjected to disrespectful treatment during sentencing. The High Court intervened to ensure that sentencing principles were properly applied and that the accused was treated with dignity, substituting the sentence with a more appropriate penalty.

Obiter and limits

  • The presiding officer should have intervened to prevent the prosecutor from calling the accused 'barbaric and primitive', as such conduct undermines the dignity of the accused.
  • Courts are obliged to actively participate in the sentencing process to ensure fairness and justice.

Court disposition

Conviction confirmed; sentence set aside and substituted.

  • The conviction is confirmed.
  • The sentence is set aside and substituted with: The accused is sentenced to a fine of R600 or 3 months imprisonment.

Source and reliance status

Limpopo High Court, Thohoyandou

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Judgment text

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Source document

Limpopo High Court, Thohoyandou

Judgment

[2016] ZALMPTHC 12

SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy

IN

THE HIGH COURT OF SOUTH AFRICA

LIMPOPO LOCAL DIVISION, THOHOYANDOU

REV CASE NO: 30/2016

DATE: 04 MARCH 2016

In the matter between:

THE

STATE

AND

[C…….] [S…..] [M…….]

REVIEW

JUDGMENT

RAULINGA J:

[1] This is an automatic review emanating from Malamulele District Court and placed before me in terms of section 302 of the Criminal Procedure Act, 51 of 1977 ("the CPA”).

[2] The accused in this case was convicted of the offence of assault with intent to do grievous bodily harm. This followed an assault on his wife by releasing a stone from a catapult aimed at the complainant, which subsequently struck her on the mouth causing some injuries.

[3] I am convinced that the state proved its case beyond a reasonable doubt and therefore the conviction is in order.

[4] I am however concerned that the sentence is too severe, which warrants urgent intervention. The circumstances of the matter demand that it be dealt with urgently, otherwise the accused may be severely prejudiced- section 302 (2) (a) of the CPA.

[5] The accused assaulted his wife in circumstances where a quarrel ensued on a domestic dispute. He is not employed, but performs some odd jobs by picking firewood and selling it and earns some R700.00 per month. His age is not reflected on the record. In fact, his personal circumstances are scantly recorded. Despite this, he was hurriedly sentenced to R12 000.00 or 12 months imprisonment.

[6] It is trite that before an accused is sentenced, a court sentencing him must obtain all the relevant circumstances pertaining to the accused. Counts are obliged to actively participating in the sentencing of accused persons.

[7] As indicated above, it is not clear how old the accused is. All we know is that he has seven children and a first offender.

[8] What is also worrying is the manner in which the accused was treated with during the sentencing stage. The presiding officer allowed the prosecutor to call him names - “that he is barbaric and primitive". No accused person can be treated with disdain and disrespect. The presiding officer ought to have intervened to ensure that the accused is treated with dignity and respect.

[9] Accordingly I propose the following order:

9.1. The conviction is confirmed.

9.2. The sentence is set aside and substituted with the following: 9.2.1. The accused is sentence to a fine of R600 or 3 months imprisonment.

T

J RAULINGA

JUDGE

OF THE HIGH COURT

I agree

MG

PHATUDI

ACTING

JUDGE OF THE HIGH COURT

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

S v Zinn 1969 (2) SA 537 (A)

Case cited

Criminal Procedure Act 51 of 1977

Legislation

Legislation referenced in the available case record.

Constitution of the Republic of South Africa, 1996

Legislation

Legislation referenced in the available case record.

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