S v Dichakane (450/2011) [2012] ZAFSHC 1 (5 January 2012)

S v Dichakane (450/2011) [2012] ZAFSHC 1 (5 January 2012)

The High Court acceded to the magistrate's request to correct the sentence, finding that the original sentence imposed on 22 February 2011 contained an error. The court set aside the original sentence and replaced it with a fine of R600,00 or eight months imprisonment, half of which is suspended for three years on condition that the accused is not convicted of assault with intent to do grievous bodily harm during the period of suspension. This ensures that the punishment is appropriate and provides an incentive for the accused to avoid reoffending.

Citation
[2012] ZAFSHC 1
Parties
Applicant: THE STATE; Respondent: SEGEGE DANIEL DICHAKANE
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
5 January 2012
Case Number
450/2011
Procedural Posture
Review Application / Sentence Correction on Review
Outcome
Sentence set aside and replaced with a fine or imprisonment, partially suspended.
Judges
VAN DER MERWE
Legal Topics
Sentence Correction, Review Proceedings, Assault With Intent to Do Grievous Bodily Harm
Criminal Law Sentence Correction Review Proceedings Assault With Intent to Do Grievous Bodily Harm

Case Brief

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Parties

THE STATE

Applicant

SEGEGE DANIEL DICHAKANE

Respondent

Procedural Posture

Review Application / Sentence Correction on Review

Legal Issues

  1. 1 Whether the sentence imposed on 22 February 2011 contained an error requiring correction.
  2. 2 What is the appropriate sentence for the offence committed.

Ratio Decidendi

The High Court acceded to the magistrate's request to correct the sentence, finding that the original sentence imposed on 22 February 2011 contained an error. The court set aside the original sentence and replaced it with a fine of R600,00 or eight months imprisonment, half of which is suspended for three years on condition that the accused is not convicted of assault with intent to do grievous bodily harm during the period of suspension. This ensures that the punishment is appropriate and provides an incentive for the accused to avoid reoffending.

Court Disposition

Sentence set aside and replaced with a fine or imprisonment, partially suspended.

Orders

  • The sentence imposed on 22 February 2011 is set aside.
  • The sentence is replaced with a fine of R600,00 or eight months imprisonment, half of which is suspended for three years on condition that the accused is not convicted of assault with intent to do grievous bodily harm committed during the period of suspension.