S v Le Roux (A125/09) [2009] ZAGPHC 51 (10 February 2009)

S v Le Roux (A125/09) [2009] ZAGPHC 51 (10 February 2009)

The magistrate erred by imposing a sentence of R8000 or 11 months imprisonment, wholly suspended, following a plea of guilty under section 112(1)(a) of the Criminal Procedure Act. Section 112(1)(a) only permits such a plea where the presiding officer is satisfied that the offence does not warrant imprisonment without the option of a fine or a fine exceeding R1500. The sentence imposed exceeded this statutory limit and was therefore inappropriate. The magistrate's referral for review was correct, and the sentence must be set aside and the matter remitted for reconsideration and imposition of a lawful sentence.

Citation
[2009] ZAGPHC 51
Parties
Applicant: The State; Respondent: Jan Hendrik Booysens Le Roux
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
10 February 2009
Case Number
A125/09
Procedural Posture
Review Application / Review of Sentence Imposed by Magistrate
Outcome
Sentence set aside and matter remitted to the magistrate for reconsideration and imposition of an appropriate sentence.
Judges
Murphy, Raulinga
Legal Topics
Criminal Procedure Act Section 112, Secondhand Goods Act, Sentencing Guidelines
Criminal Law Criminal Procedure Act Section 112 Secondhand Goods Act Sentencing Guidelines

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Parties

The State

Applicant

Jan Hendrik Booysens Le Roux

Respondent

Procedural Posture

Review Application / Review of Sentence Imposed by Magistrate

Legal Issues

  1. 1 Whether the magistrate imposed a sentence exceeding the statutory limit permitted under section 112(1)(a) of the Criminal Procedure Act.
  2. 2 Whether the sentence imposed was appropriate given the accused's plea under section 112(1)(a).

Ratio Decidendi

The magistrate erred by imposing a sentence of R8000 or 11 months imprisonment, wholly suspended, following a plea of guilty under section 112(1)(a) of the Criminal Procedure Act. Section 112(1)(a) only permits such a plea where the presiding officer is satisfied that the offence does not warrant imprisonment without the option of a fine or a fine exceeding R1500. The sentence imposed exceeded this statutory limit and was therefore inappropriate. The magistrate's referral for review was correct, and the sentence must be set aside and the matter remitted for reconsideration and imposition of a lawful sentence.

Court Disposition

Sentence set aside and matter remitted to the magistrate for reconsideration and imposition of an appropriate sentence.

Orders

  • The sentence imposed by the magistrate is set aside.
  • The matter is remitted to the magistrate for reconsideration and the imposition of an appropriate sentence.