S v Kai (R20/2022) [2022] ZAFSHC 143 (6 June 2022)

S v Kai (R20/2022) [2022] ZAFSHC 143 (6 June 2022)

The court found that the convictions on all three counts were supported by the evidence and in accordance with justice. However, the sentence imposed on count 3 for contravention of section 39 of the Maintenance Act exceeded the statutory maximum of one year imprisonment and was therefore not competent. The sentences on counts 1 and 2, each two years imprisonment to run concurrently, were confirmed as appropriate. The sentence on count 3 was set aside and replaced with one year imprisonment to run concurrently with the other sentences.

Citation
[2022] ZAFSHC 143
Parties
Respondent: The State; Applicant: Adriaan Jacobus Kai
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
6 June 2022
Case Number
R20/2022
Procedural Posture
Criminal Review / Automatic Review Under Section 302 of the Criminal Procedure Act
Outcome
Convictions on all counts confirmed. Sentences on counts 1 and 2 confirmed. Sentence on count 3 set aside and replaced with one year imprisonment to run concurrently.
Judges
Opperman, I van Rhyn
Legal Topics
Maintenance Act Offences, Failure to Pay Maintenance, Sentencing Limits, Change of Address Notification
Criminal Law Family and Children Maintenance Act Offences Failure to Pay Maintenance Sentencing Limits Change of Address Notification

Case Brief

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Parties

The State

Respondent

Adriaan Jacobus Kai

Applicant

Procedural Posture

Criminal Review / Automatic Review Under Section 302 of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the convictions on all three counts are in accordance with justice.
  2. 2 Whether the sentence imposed on count 3 exceeds the statutory maximum and is therefore competent.
  3. 3 Whether the sentences on counts 1 and 2 are appropriate and lawful.

Ratio Decidendi

The court found that the convictions on all three counts were supported by the evidence and in accordance with justice. However, the sentence imposed on count 3 for contravention of section 39 of the Maintenance Act exceeded the statutory maximum of one year imprisonment and was therefore not competent. The sentences on counts 1 and 2, each two years imprisonment to run concurrently, were confirmed as appropriate. The sentence on count 3 was set aside and replaced with one year imprisonment to run concurrently with the other sentences.

Court Disposition

Convictions on all counts confirmed. Sentences on counts 1 and 2 confirmed. Sentence on count 3 set aside and replaced with one year imprisonment to run concurrently.

Orders

  • The convictions on counts 1, 2 and 3 are confirmed.
  • The sentence imposed on counts 1 and 2 of two years imprisonment on each count, to run concurrently, is confirmed.