S v Dube (89/15) [2015] ZAFSHC 136 (4 June 2015)

S v Dube (89/15) [2015] ZAFSHC 136 (4 June 2015)

The court found that the sentence imposed for count 1, both in terms of imprisonment and the fine, exceeded the statutory maximum prescribed by section 1(2) of the Trespass Act. The fine imposed was R4000, whereas the maximum allowed is R2000, and the imprisonment term exceeded two years. The court held that the sentence must be reconsidered to comply with the statutory limits. The accused must be refunded the amount paid in excess of the statutory maximum prior to reconsideration of sentence. The conviction and sentence for count 2 were confirmed as compliant with the law.

Citation
[2015] ZAFSHC 136
Parties
Applicant: The State; Accused: Agripa Dube
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
4 June 2015
Case Number
89/15
Procedural Posture
Criminal Review / Special Review
Outcome
Conviction and sentence for count 2 confirmed; sentence for count 1 set aside and matter referred back for sentencing afresh.
Judges
S Naidoo, JP Daffue
Legal Topics
Sentencing, Trespass Act, Immigration Act, Maximum Penalty
Criminal Law Sentencing Trespass Act Immigration Act Maximum Penalty

Case Brief

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Parties

The State

Applicant

Agripa Dube

Accused

Procedural Posture

Criminal Review / Special Review

Legal Issues

  1. 1 Whether the sentence imposed for contravention of section 1(1)(a) of the Trespass Act exceeded the statutory maximum penalty.
  2. 2 Whether the fine imposed exceeded the maximum prescribed by section 1(2) of the Trespass Act.
  3. 3 Whether the accused should be refunded the amount paid in excess of the statutory maximum.

Ratio Decidendi

The court found that the sentence imposed for count 1, both in terms of imprisonment and the fine, exceeded the statutory maximum prescribed by section 1(2) of the Trespass Act. The fine imposed was R4000, whereas the maximum allowed is R2000, and the imprisonment term exceeded two years. The court held that the sentence must be reconsidered to comply with the statutory limits. The accused must be refunded the amount paid in excess of the statutory maximum prior to reconsideration of sentence. The conviction and sentence for count 2 were confirmed as compliant with the law.

Court Disposition

Conviction and sentence for count 2 confirmed; sentence for count 1 set aside and matter referred back for sentencing afresh.

Orders

  • The conviction in respect of counts 1 and 2, and the sentence imposed in respect of count 2 are confirmed.
  • The matter is referred back to the Magistrate's Court for sentencing afresh on count 1.