S v Daribo [2009] ZAFSHC 60 (21 May 2009)

S v Daribo [2009] ZAFSHC 60 (21 May 2009)

The trial court imposed a sentence that included a suspended term of imprisonment in addition to a fine or alternative imprisonment, following a guilty plea under section 112(1)(a) of the Criminal Procedure Act. The reviewing court held that section 112(1)(a) does not permit the imposition of any sentence of imprisonment other than the prescribed maximum, and a suspended sentence of imprisonment remains a sentence of imprisonment for the purposes of the section. Accordingly, the sentence imposed was impermissible and had to be set aside. The conviction was confirmed, but the matter was remitted to the trial court for the imposition of a lawful sentence.

Citation
[2009] ZAFSHC 60
Parties
Applicant: The State; Respondent: Yolannayse Daribo
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
21 May 2009
Case Number
285/2009
Procedural Posture
Criminal Review / Review of Sentence After Conviction on Guilty Plea
Outcome
Conviction confirmed; sentence set aside; matter remitted to trial court for imposition of appropriate sentence.
Judges
A.F. Jordaan, C.H.G. van der Merwe
Legal Topics
Refugees Act Offence, Section 112 1 a Procedure, Sentencing Powers of Magistrate, Suspended Sentence, Review Procedure
Criminal Law Refugees Act Offence Section 112 1 a Procedure Sentencing Powers of Magistrate Suspended Sentence Review Procedure

Case Brief

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Parties

The State

Applicant

Yolannayse Daribo

Respondent

Procedural Posture

Criminal Review / Review of Sentence After Conviction on Guilty Plea

Legal Issues

  1. 1 Whether the sentence imposed by the trial court was permissible under section 112(1)(a) of the Criminal Procedure Act 51 of 1977.
  2. 2 Whether the additional suspended sentence of imprisonment was lawful in the circumstances.

Ratio Decidendi

The trial court imposed a sentence that included a suspended term of imprisonment in addition to a fine or alternative imprisonment, following a guilty plea under section 112(1)(a) of the Criminal Procedure Act. The reviewing court held that section 112(1)(a) does not permit the imposition of any sentence of imprisonment other than the prescribed maximum, and a suspended sentence of imprisonment remains a sentence of imprisonment for the purposes of the section. Accordingly, the sentence imposed was impermissible and had to be set aside. The conviction was confirmed, but the matter was remitted to the trial court for the imposition of a lawful sentence.

Court Disposition

Conviction confirmed; sentence set aside; matter remitted to trial court for imposition of appropriate sentence.

Orders

  • The conviction is confirmed.
  • The sentence is set aside.