S v Matabane (57/05) [2005] ZANWHC 25 (19 March 2005)

S v Matabane (57/05) [2005] ZANWHC 25 (19 March 2005)

The magistrate failed to exercise judicial discretion by not requesting a pre-sentencing report and not properly considering the accused's personal circumstances. The sentence of three years imprisonment was disproportionate to the offence and the accused's circumstances. The High Court substituted the sentence with two years imprisonment, one year suspended for five years on condition that the accused is not found guilty of housebreaking with intent to steal and theft during the period of suspension.

Citation
[2005] ZANWHC 25
Parties
Applicant: The State; Respondent: Sello Frederick Matabane
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
19 March 2005
Case Number
57/05
Procedural Posture
Review Application / Review of Sentence
Outcome
Sentence of three years imprisonment set aside and substituted with two years imprisonment, one year suspended for five years on condition.
Judges
R D Mokgoatlheng, A A Landamn
Legal Topics
Housebreaking With Intent to Steal, Theft, Sentencing Discretion, Pre Sentence Report, First Offender, Suspended Sentence
Criminal Law Housebreaking With Intent to Steal Theft Sentencing Discretion Pre Sentence Report First Offender Suspended Sentence

Case Brief

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Parties

The State

Applicant

Sello Frederick Matabane

Respondent

Procedural Posture

Review Application / Review of Sentence

Legal Issues

  1. 1 Whether the sentence imposed by the magistrate was appropriate given the circumstances of the accused.
  2. 2 Whether the magistrate properly considered the personal circumstances of the accused before sentencing.
  3. 3 Whether a pre-sentencing report should have been requested.

Ratio Decidendi

The magistrate failed to exercise judicial discretion by not requesting a pre-sentencing report and not properly considering the accused's personal circumstances. The sentence of three years imprisonment was disproportionate to the offence and the accused's circumstances. The High Court substituted the sentence with two years imprisonment, one year suspended for five years on condition that the accused is not found guilty of housebreaking with intent to steal and theft during the period of suspension.

Court Disposition

Sentence of three years imprisonment set aside and substituted with two years imprisonment, one year suspended for five years on condition.

Orders

  • The sentence of three years imprisonment is set aside.
  • The accused is sentenced to two years imprisonment, one of which is suspended for five years on condition the accused is not found guilty of housebreaking with intent to steal and theft committed during the period of suspension.