S v Mathato (A1048/09, 1554, H97/09, 111/00162/08) [2009] ZAGPPHC 364 (8 December 2009)

S v Mathato (A1048/09, 1554, H97/09, 111/00162/08) [2009] ZAGPPHC 364 (8 December 2009)

The Regional Court imposed a sentence of six years' imprisonment, wholly suspended, which exceeded the statutory maximum of twelve months prescribed by section 89(1) of the Electronic Communications Act. The High Court, upon special review, found that the sentence was unlawful and set it aside. The appropriate sentence, in compliance with the Act, is twelve months' imprisonment, wholly suspended for five years on condition that the accused is not convicted of contravening sections 86(1) or 86(3) of Act 25 of 2002 during the suspension period.

Citation
[2009] ZAGPPHC 364
Parties
Applicant: The State; Respondent: Reginald Tshiano Mathato
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 December 2009
Case Number
A1048/09, 1554, H97/09, 111/00162/08
Procedural Posture
Review Application / Special Review Under S304 of the Criminal Procedure Act
Outcome
The sentence imposed by the Regional Court is set aside and substituted with a lawful sentence.
Judges
H Fabricius, W Prinsloo
Legal Topics
Criminal Procedure Act Review, Sentencing Error, Electronic Communications Act, Maximum Sentence Limitation
Criminal Law Criminal Procedure Act Review Sentencing Error Electronic Communications Act Maximum Sentence Limitation

Case Brief

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Parties

The State

Applicant

Reginald Tshiano Mathato

Respondent

Procedural Posture

Review Application / Special Review Under S304 of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the sentence imposed by the Regional Court exceeded the statutory maximum under the Electronic Communications Act.
  2. 2 Whether the sentence should be set aside and substituted in accordance with the applicable legislation.

Ratio Decidendi

The Regional Court imposed a sentence of six years' imprisonment, wholly suspended, which exceeded the statutory maximum of twelve months prescribed by section 89(1) of the Electronic Communications Act. The High Court, upon special review, found that the sentence was unlawful and set it aside. The appropriate sentence, in compliance with the Act, is twelve months' imprisonment, wholly suspended for five years on condition that the accused is not convicted of contravening sections 86(1) or 86(3) of Act 25 of 2002 during the suspension period.

Court Disposition

The sentence imposed by the Regional Court is set aside and substituted with a lawful sentence.

Orders

  • The sentence of six years' imprisonment, wholly suspended, is set aside.
  • The substituted sentence is twelve months' imprisonment, wholly suspended for five years on condition that the accused is not convicted of contravening sections 86(1) or 86(3) of Act 25 of 2002 during the suspension period.