S v Macebele (B478/2006) [2007] ZAGPHC 80 (12 February 2007)

S v Macebele (B478/2006) [2007] ZAGPHC 80 (12 February 2007)

The trial magistrate was aware that the accused could not pay the fine imposed but failed to inform him of the right to defer payment in instalments as provided by section 297(6)(a) of the Criminal Procedure Act. This omission constitutes a procedural irregularity. The conviction is confirmed, but the matter is remitted to the trial magistrate to conduct a proper inquiry into the accused's ability to pay the fine in reasonable monthly instalments.

Citation
[2007] ZAGPHC 80
Parties
Applicant: The State; Respondent: Victor Macebele
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
12 February 2007
Case Number
B478/2006
Procedural Posture
Criminal Review / Automatic Review After Conviction and Sentence in District Court
Outcome
Conviction confirmed; sentence procedure remitted for proper inquiry into ability to pay fine.
Judges
G Webster, J R Murphy
Legal Topics
Sentencing Irregularity, Deferment of Fine, Section 297 Criminal Procedure Act
Criminal Law Sentencing Irregularity Deferment of Fine Section 297 Criminal Procedure Act

Case Brief

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Parties

The State

Applicant

Victor Macebele

Respondent

Procedural Posture

Criminal Review / Automatic Review After Conviction and Sentence in District Court

Legal Issues

  1. 1 Whether the trial magistrate committed an irregularity by failing to inform the accused of the possibility to defer payment of the fine imposed.
  2. 2 Whether the accused's ability to pay the fine was properly considered in accordance with section 297(6)(a) of the Criminal Procedure Act.

Ratio Decidendi

The trial magistrate was aware that the accused could not pay the fine imposed but failed to inform him of the right to defer payment in instalments as provided by section 297(6)(a) of the Criminal Procedure Act. This omission constitutes a procedural irregularity. The conviction is confirmed, but the matter is remitted to the trial magistrate to conduct a proper inquiry into the accused's ability to pay the fine in reasonable monthly instalments.

Court Disposition

Conviction confirmed; sentence procedure remitted for proper inquiry into ability to pay fine.

Orders

  • The conviction of the accused is confirmed.
  • The matter is remitted to the trial magistrate to conduct a proper inquiry into the accused's ability to pay off the fine in reasonable monthly instalments in terms of section 297(6)(a) of the Criminal Procedure Act 51 of 1977.