S v Mabona (1481/2001) [2002] ZAGPHC 5 (1 February 2002)

S v Mabona (1481/2001) [2002] ZAGPHC 5 (1 February 2002)

The original sentence imposed by the magistrate was incompetent as it did not provide for the statutory option of a fine for the offence under Section 22 of the Aviation Act. The court confirmed the conviction, finding that the accused was fairly and correctly convicted following a proper guilty plea procedure. The sentence was amended to comply with the statutory requirements, granting the accused the option of paying a fine of R1500 or serving three months' imprisonment, wholly suspended for three years on condition that he is not convicted of contravening Regulation 139.01.31(2)(j) promulgated in terms of Section 22 of the Aviation Act.

Citation
[2002] ZAGPHC 5
Parties
Applicant: The State; Respondent: Tembelani Theophilus Mabona
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
1 February 2002
Case Number
1481/2001
Procedural Posture
Criminal Review / Review Judgment
Outcome
Conviction confirmed; sentence amended to provide for the option of a fine.
Judges
N.P. Willis, M.M. Joffe
Legal Topics
Aviation Act Offence, Sentencing Procedure, Suspended Sentence, Option of Fine
Criminal Law Aviation Act Offence Sentencing Procedure Suspended Sentence Option of Fine

Case Brief

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Parties

The State

Applicant

Tembelani Theophilus Mabona

Respondent

Procedural Posture

Criminal Review / Review Judgment

Legal Issues

  1. 1 Whether the sentence imposed by the magistrate was competent in terms of the applicable legislation.
  2. 2 Whether the accused was fairly and correctly convicted of contravening Section 22 of the Aviation Act.
  3. 3 Whether the sentence should be amended to include the option of a fine as provided by law.

Ratio Decidendi

The original sentence imposed by the magistrate was incompetent as it did not provide for the statutory option of a fine for the offence under Section 22 of the Aviation Act. The court confirmed the conviction, finding that the accused was fairly and correctly convicted following a proper guilty plea procedure. The sentence was amended to comply with the statutory requirements, granting the accused the option of paying a fine of R1500 or serving three months' imprisonment, wholly suspended for three years on condition that he is not convicted of contravening Regulation 139.01.31(2)(j) promulgated in terms of Section 22 of the Aviation Act.

Court Disposition

Conviction confirmed; sentence amended to provide for the option of a fine.

Orders

  • The conviction is confirmed.
  • The sentence is altered to: The accused is sentenced by his being given the option of paying a fine of R1500 (one thousand, five hundred rand) or serving three months' imprisonment, which sentence is wholly suspended for three years on condition that the accused is not convicted of contravening Regulation...