S v Loro (140065, CA&R) [2014] ZAECGHC 64 (12 August 2014)

S v Loro (140065, CA&R) [2014] ZAECGHC 64 (12 August 2014)

The reviewing court found that the convictions were sound and that the errors in the sentencing conditions were inadvertent. The court accepted the magistrate's submission that the conditions as recorded in the J15 charge sheet reflected the correct intention. The court exercised its power under section 304 of the Criminal Procedure Act to correct the sentencing record so that the suspended sentences are conditional upon the accused not being convicted of culpable homicide arising from the driving of a motor vehicle (count 1) and not being convicted of contravening section 21 of Act 93 of 1996 (count 2) during the period of suspension.

Citation
[2014] ZAECGHC 64
Parties
Respondent: The State; Applicant: Macdonad Nyanisile Loro
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
12 August 2014
Case Number
140065, CA&R
Procedural Posture
Criminal Review / Special Review Under Section 304 of the Criminal Procedure Act
Outcome
The sentences imposed by the trial court are corrected to reflect the intended conditions of suspension as set out in the J15 charge sheet.
Judges
G Goosen, D Chetty
Legal Topics
Culpable Homicide, Sentencing Correction, Driving Without Licence, Suspended Sentence, Criminal Procedure Act
Criminal Law Culpable Homicide Sentencing Correction Driving Without Licence Suspended Sentence Criminal Procedure Act

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Parties

The State

Respondent

Macdonad Nyanisile Loro

Applicant

Procedural Posture

Criminal Review / Special Review Under Section 304 of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the sentencing conditions recorded on the charge sheet and in the transcript are consistent and correct.
  2. 2 Whether the errors in the sentencing record require correction by the reviewing court.

Ratio Decidendi

The reviewing court found that the convictions were sound and that the errors in the sentencing conditions were inadvertent. The court accepted the magistrate's submission that the conditions as recorded in the J15 charge sheet reflected the correct intention. The court exercised its power under section 304 of the Criminal Procedure Act to correct the sentencing record so that the suspended sentences are conditional upon the accused not being convicted of culpable homicide arising from the driving of a motor vehicle (count 1) and not being convicted of contravening section 21 of Act 93 of 1996 (count 2) during the period of suspension.

Court Disposition

The sentences imposed by the trial court are corrected to reflect the intended conditions of suspension as set out in the J15 charge sheet.

Orders

  • Count 1: The accused is sentenced to 18 months correctional supervision and a further 6 months imprisonment suspended for five years on condition that the accused is not again convicted of culpable homicide arising from the driving of a motor vehicle committed during the period of suspension.
  • Count 2: The accused is sentenced to a fine of R1000.00 or six months imprisonment suspended for five years on condition that the accused is not again convicted of contravening Section 21 of Act 93 of 1996 committed during the period of suspension.