S v Dungan (39/2017, B222/686/2016, A99/2017) [2017] ZAGPPHC 174 (2 March 2017)

S v Dungan (39/2017, B222/686/2016, A99/2017) [2017] ZAGPPHC 174 (2 March 2017)

The magistrate's court imposed a sentence that exceeded the statutory maximum fine prescribed by section 2 of the Trespass Act 6 of 1959, which allows for a fine not exceeding R2,000 or imprisonment not exceeding two years, or both. The sentence of R4,000 was therefore unlawful. The High Court, upon review, found that the proceedings were not in accordance with justice and set aside the sentence, substituting it with a lawful sentence in line with the statutory provisions.

Citation
[2017] ZAGPPHC 174
Parties
Respondent: The State; Applicant: Jabulo Vuyo Dungan
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 March 2017
Case Number
A99/2017
Procedural Posture
Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
The sentence imposed by the magistrate's court is set aside and substituted with a lawful sentence in accordance with the Trespass Act.
Judges
N Janse van Nieuwenhuizen, H J de Vos
Legal Topics
Sentencing, Trespass Act, Criminal Procedure Act, Penalty Provisions
Criminal Law Sentencing Trespass Act Criminal Procedure Act Penalty Provisions

Case Brief

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Parties

The State

Respondent

Jabulo Vuyo Dungan

Applicant

Procedural Posture

Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the sentence imposed by the magistrate's court was in accordance with the penalty provisions of the Trespass Act 6 of 1959.
  2. 2 Whether the proceedings in the court a quo were in accordance with justice.

Ratio Decidendi

The magistrate's court imposed a sentence that exceeded the statutory maximum fine prescribed by section 2 of the Trespass Act 6 of 1959, which allows for a fine not exceeding R2,000 or imprisonment not exceeding two years, or both. The sentence of R4,000 was therefore unlawful. The High Court, upon review, found that the proceedings were not in accordance with justice and set aside the sentence, substituting it with a lawful sentence in line with the statutory provisions.

Court Disposition

The sentence imposed by the magistrate's court is set aside and substituted with a lawful sentence in accordance with the Trespass Act.

Orders

  • The sentence of a fine of R4,000 or eight months imprisonment, of which R2,000 or four months imprisonment is suspended for five years, is set aside.
  • The accused is sentenced to a fine of R2,000 or eight months imprisonment, of which R1,000 or four months imprisonment is suspended for five years on condition that the accused is not convicted of contravening section 1 or 2 of Act 6 of 1959 read with section 250(1)(d) of Act 51 of 1977 during the period of suspension.