S v Disenyane (703/2007) [2007] ZAFSHC 133 (22 November 2007)

S v Disenyane (703/2007) [2007] ZAFSHC 133 (22 November 2007)

The original sentence imposed for the second charge was defective due to the use of the words 'and or', which created confusion and uncertainty regarding the nature of the sentence and its conditions. The magistrate conceded the error and clarified her intention in a memorandum. The reviewing judge set aside the original sentence and substituted it with a clear and unambiguous order: a fine of R1500 or 5 months imprisonment, plus a further 3 months imprisonment wholly suspended for 4 years on condition that the accused is not convicted of assault or assault with intent to do grievous bodily harm during the suspension period. The court found that, apart from the defective wording, the...

Citation
[2007] ZAFSHC 133
Parties
Applicant: The State; Respondent: Lefu Disenyane
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
22 November 2007
Case Number
703/2007
Procedural Posture
Criminal Review / Review
Outcome
The original sentence for the second charge is set aside and substituted with a clear suspended sentence. The convictions and sentences for both charges are confirmed as being in accordance with justice.
Judges
M.H. Rampai, C. Van Zyl
Legal Topics
Possession of Stolen Property, Assault, Sentencing Review, Suspended Sentence
Criminal Law Possession of Stolen Property Assault Sentencing Review Suspended Sentence

Case Brief

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Parties

The State

Applicant

Lefu Disenyane

Respondent

Procedural Posture

Criminal Review / Review

Legal Issues

  1. 1 Whether the wording of the sentence imposed for assault was clear and legally valid.
  2. 2 Whether the conviction and sentences for both charges were in accordance with justice.

Ratio Decidendi

The original sentence imposed for the second charge was defective due to the use of the words 'and or', which created confusion and uncertainty regarding the nature of the sentence and its conditions. The magistrate conceded the error and clarified her intention in a memorandum. The reviewing judge set aside the original sentence and substituted it with a clear and unambiguous order: a fine of R1500 or 5 months imprisonment, plus a further 3 months imprisonment wholly suspended for 4 years on condition that the accused is not convicted of assault or assault with intent to do grievous bodily harm during the suspension period. The court found that, apart from the defective wording, the...

Court Disposition

The original sentence for the second charge is set aside and substituted with a clear suspended sentence. The convictions and sentences for both charges are confirmed as being in accordance with justice.

Orders

  • The original sentence imposed on 20 July 2007 for the second charge is set aside.
  • The accused is fined R1500 or 5 months imprisonment. In addition, he is sentenced to a further period of 3 months imprisonment, wholly suspended for 4 years on condition that he is not convicted of common assault or assault with intent to do grievous bodily harm during the period of suspension.