S v Janes (340/04) [2004] ZANCHC 70 (3 September 2004)
- Citation
- [2004] ZANCHC 70
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Northern Cape High Court, Kimberley
- Panel
- SA Majiedt, HJ Lacock
- Case number
- 340/04
More details
- Court
- Northern Cape High Court, Kimberley
- Panel
- SA Majiedt, HJ Lacock
- Case number
- 340/04
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The magistrate erred by imposing a fine of R2000.00, which exceeded the statutory limit of R1500.00 as determined by the Minister in Government Notice R239 of 14 February 2003. The concession by the magistrate was correctly made. The sentence must be set aside and substituted with a fine of R1500.00 or, in default of payment, six months imprisonment, with the entire sentence suspended for five years on condition that the accused is not convicted of further contraventions of the relevant sections of Act 140/1992 during the period of suspension.
Court disposition
Conviction confirmed; sentence set aside and substituted with a fine within the statutory limit, suspended on conditions.
Orders
- The accused's conviction is confirmed.
- The sentence imposed is set aside and substituted with a fine of R1500.00 or, in default of payment, six months imprisonment. The entire sentence is suspended for five years on condition that the accused is not convicted of contravening section 5(b) read with sections 1, 13, 17, 18, 20, 21 and 25 of Act 140/1992 or section 4(b) read with sections 1, 13, 17, 18, 20, 21 and 25 of Act 140/1992 during the period of suspension.
- The sentence is antedated to 20 July 2004.
02
Material facts
Parties
The State
ApplicantAlfred Janes
RespondentAmounts and remedies
- Fine Imposed (corrected): ZAR 1,500
03
Procedural history
Posture
Criminal Review / Automatic Review After Conviction and Sentence
04
Questions and positions
Legal issues
- 01
Whether the magistrate was correct in invoking section 112(1)(a) of the Criminal Procedure Act.
- 02
Whether the fine imposed exceeded the statutory limit prescribed by law.
- 03
Whether the sentence should be corrected to comply with the statutory limit.
Party arguments
- Applicant
- The State did not advance any argument in the review proceedings; the matter was referred for automatic review due to concerns about the sentence imposed.
- Respondent
- The magistrate conceded that the fine imposed exceeded the statutory limit determined by the Minister and requested that the fine be reduced to comply with the prescribed statutory limit.
05
Court’s reasoning
Legal principles
- 01
Government Notice R239 of 14 February 2003 in Government Gazette nr. 24393
A magistrate may not impose a fine exceeding the statutory limit determined by the Minister in terms of section 112(1)(a) of the Criminal Procedure Act.
- 02
Section 304 of the Criminal Procedure Act
Sentences imposed in contravention of statutory limits must be corrected on review to comply with the law.
06
Ratio, limits and disposition
Ratio decidendi
The magistrate erred by imposing a fine of R2000.00, which exceeded the statutory limit of R1500.00 as determined by the Minister in Government Notice R239 of 14 February 2003. The concession by the magistrate was correctly made. The sentence must be set aside and substituted with a fine of R1500.00 or, in default of payment, six months imprisonment, with the entire sentence suspended for five years on condition that the accused is not convicted of further contraventions of the relevant sections of Act 140/1992 during the period of suspension.
Obiter and limits
- Automatic review serves as a safeguard to ensure sentences comply with statutory requirements.
- Magistrates must remain vigilant regarding statutory limits when imposing sentences.
Court disposition
Conviction confirmed; sentence set aside and substituted with a fine within the statutory limit, suspended on conditions.
- The accused's conviction is confirmed.
- The sentence imposed is set aside and substituted with a fine of R1500.00 or, in default of payment, six months imprisonment. The entire sentence is suspended for five years on condition that the accused is not convicted of contravening section 5(b) read with sections 1, 13, 17, 18, 20, 21 and 25 of Act 140/1992 or section 4(b) read with sections 1, 13, 17, 18, 20, 21 and 25 of Act 140/1992 during the period of suspension.
- The sentence is antedated to 20 July 2004.
Source and reliance status
Northern Cape High Court, Kimberley
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Northern Cape High Court, Kimberley
Judgment
Reportable: Yes / No
Circulate to Judges: Yes / No
Circulate to Magistrates: Yes / No
IN THE HIGH COURT
OF SOUTH AFRICA
(Northern Cape Division)
High Court Review Case No: 340/04
Magistrate Case No: L63/04
Date delivered: 2004-09-03
In the review matter of:
THE
STATE
versus
ALFRED
JANES ACCUSED
Coram: MAJIEDT J et
LACOCK
J
JUDGEMENT
ON REVIEW
MAJIEDT J:
The accused was convicted of a contravention of the provisions contained in section 5(b) of Act 140 of 1992 i.e. unlawful dealing in dagga. He was sentenced to a fine of R2000.00 or in default of payment to 6 months imprisonment. The entire sentence was suspended for a period of 5 years on certain conditions.
I had queried the magistrate on automatic review as follows:
Was the magistrate correct in invoking the provisions of sec. 112(1)(a)?
The sentence (fine) imposed exceeds the statutory limit determined by the Minister in Government Notice R239 of 14 February 2003 in Government Gazette nr. 24393 which was fixed in the sum of R1500.00
The magistrate has now conceded in reply that he has erred insofar as the fine exceeds the statutory limit determined by law and requests that the fine imposed be reduced in accordance with the prescribed statutory limit.
As indicated in my review query, quoted above, the statutory limit determined by the Minister, is R1500.00. Consequently the concession by the magistrate is well made and the sentence imposed should be corrected accordingly.
I make the following order:
4.1 The accusedâs conviction is confirmed.
4.2 The sentence imposed is set aside and substituted with the following: THE ACCUSED IS SENTENCED TO PAY A FINE OF R1500.00 (ONE
THOUSAND FIVE HUNDRED RAND) OR IN DEFAULT OF PAYMENT TO UNDERGO 6 (SIX) MONTHS IMPRISONMENT. THE ENTIRE SENTENCE IS SUSPENDED FOR A PERIOD OF 5 (FIVE) YEARS ON CONDITION THAT THE ACCUSED IS NOT CONVICTED OF CONTRAVENING SECTION 5(b) READ WITH SECTION 1, 13, 17, 18, 20, 21 AND 25 OF ACT 140/1992 OR SECTION 4(b) READ WITH SECTIONS 1, 13, 17, 18, 20, 21 AND 25 OF ACT 140/1992 WHICH
IS COMMITTED DURING THE PERIOD OF SUSPENSION.
4.3 THE SENTENCE IS ANTEDATED TO 20 JULY 2004.
___
SA
MAJIEDT
JUDGE
I concur.
____
HJ
LACOCK
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