S v Lethoko (P38/12) [2012] ZAFSHC 33 (1 March 2012)

S v Lethoko (P38/12) [2012] ZAFSHC 33 (1 March 2012)

The court found that the suspended sentence, when activated on 24 June 2011, commenced running concurrently with the sentence imposed on 1 February 2011. Therefore, the petitioner received the relief sought, rendering the appeal unnecessary. The magistrate's refusal to grant leave to appeal was of no practical effect, and the petition itself was superfluous.

Citation
[2012] ZAFSHC 33
Parties
Applicant: THE STATE; Respondent: CARLWICK MOHAU LETHOKO
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
1 March 2012
Case Number
P38/12
Procedural Posture
Leave to Appeal / Petition for Leave to Appeal After Refusal by Magistrate
Outcome
Petition struck from the roll.
Judges
N.W. Phalatsi, M.H. Rampai
Legal Topics
Suspended Sentence Activation, Leave to Appeal, Concurrent Sentences, Fraud Conviction
Criminal Law Civil Procedure Suspended Sentence Activation Leave to Appeal Concurrent Sentences Fraud Conviction

Case Brief

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Parties

THE STATE

Applicant

CARLWICK MOHAU LETHOKO

Respondent

Procedural Posture

Leave to Appeal / Petition for Leave to Appeal After Refusal by Magistrate

Legal Issues

  1. 1 Whether the suspended sentence imposed on 28 March 2006 should run concurrently with the sentence imposed on 1 February 2011.
  2. 2 Whether the magistrate's refusal to grant leave to appeal was justified.
  3. 3 Whether the petition for leave to appeal was necessary given the outcome.

Ratio Decidendi

The court found that the suspended sentence, when activated on 24 June 2011, commenced running concurrently with the sentence imposed on 1 February 2011. Therefore, the petitioner received the relief sought, rendering the appeal unnecessary. The magistrate's refusal to grant leave to appeal was of no practical effect, and the petition itself was superfluous.

Court Disposition

Petition struck from the roll.

Orders

  • The petition is struck from the roll.