S v Goliath (CA&R36/2014) [2014] ZAECGHC 4; 2014 (2) SACR 290 (ECG) (17 February 2014)

S v Goliath (CA&R36/2014) [2014] ZAECGHC 4; 2014 (2) SACR 290 (ECG) (17 February 2014)

The High Court held that the regional magistrate was indeed functus officio after sentencing the accused to compulsory residence at the Bhisho Child and Youth Care Centre and the accused's admission thereto. The closure and dysfunction of the Bhisho facility constituted subsequent events justifying review of the sentence, but did not confer jurisdiction on the magistrate to impose an alternative sentence without the original sentence being set aside. The only lawful mechanism for altering the sentence was by way of review or appeal. The orders made in related proceedings did not override these procedural prerequisites. Accordingly, the original sentence was set aside and the matter...

Citation
[2014] ZAECGHC 4
Parties
Applicant: The State; Respondent: Bramley Goliath
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
17 February 2014
Case Number
CA&R36/2014
Procedural Posture
Review Application / Special Review Following Closure of Designated Youth Care Centre; Consideration of Whether Sentencing Magistrate Retains Jurisdiction to Impose Alternative Sentence.
Outcome
Original sentence set aside; matter remitted for sentencing afresh.
Judges
J.D. Pickering, J.M. Roberson
Legal Topics
Child Justice Act, Functus Officio, Review of Sentence, Compulsory Residence, Alternative Sentence, Juvenile Detention
Criminal Law Civil Procedure Family and Children Child Justice Act Functus Officio Review of Sentence Compulsory Residence Alternative Sentence +1 more

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Parties

The State

Applicant

Bramley Goliath

Respondent

Procedural Posture

Review Application / Special Review Following Closure of Designated Youth Care Centre; Consideration of Whether Sentencing Magistrate Retains Jurisdiction to Impose Alternative Sentence.

Legal Issues

  1. 1 Whether the sentencing magistrate retains jurisdiction to impose an alternative sentence after the closure of the designated Child and Youth Care Centre.
  2. 2 Whether the original sentence must be set aside before a new sentence can be imposed.
  3. 3 Whether the closure and dysfunction of the Bhisho facility justify review and setting aside of the sentence.

Ratio Decidendi

The High Court held that the regional magistrate was indeed functus officio after sentencing the accused to compulsory residence at the Bhisho Child and Youth Care Centre and the accused's admission thereto. The closure and dysfunction of the Bhisho facility constituted subsequent events justifying review of the sentence, but did not confer jurisdiction on the magistrate to impose an alternative sentence without the original sentence being set aside. The only lawful mechanism for altering the sentence was by way of review or appeal. The orders made in related proceedings did not override these procedural prerequisites. Accordingly, the original sentence was set aside and the matter...

Court Disposition

Original sentence set aside; matter remitted for sentencing afresh.

Orders

  • The certificate dated 20 September 2012 by Pickering J in terms of section 304(1) of the Criminal Procedure Act 51 of 1977 is withdrawn.
  • The sentence imposed on the accused is set aside.