S v Matiea (1765/2004) [2004] ZAFSHC 104 (11 November 2004)
- Citation
- [2004] ZAFSHC 104
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Free State High Court, Bloemfontein
- Panel
- C.H.G. Van der Merwe, G.F Wright
- Case number
- 1765/2004
More details
- Court
- Free State High Court, Bloemfontein
- Panel
- C.H.G. Van der Merwe, G.F Wright
- Case number
- 1765/2004
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The sentence imposed by the magistrate was not competent under section 112(1)(a) of the Criminal Procedure Act, as only a fine not exceeding R1,500 or alternative imprisonment may be imposed for such offences. The court found it unnecessary to remit the matter for resentencing, given the accused's personal circumstances and the minor nature of the assault. The conviction was confirmed, but the sentence was set aside and substituted with a fine of R300 or 30 days imprisonment, wholly suspended for three years on condition that the accused is not convicted of assault during the suspension period.
Court disposition
Conviction confirmed; sentence set aside and substituted.
Orders
- The conviction is confirmed.
- The sentence is set aside and substituted with a fine of R300 or 30 days imprisonment, wholly suspended for three years on condition that the accused is not convicted of assault during the period of suspension.
02
Material facts
Parties
The State
ApplicantPakane Ernest Matiea
RespondentAmounts and remedies
- Fine Imposed: ZAR 300
03
Procedural history
Posture
Review Application / Special Review
04
Questions and positions
Legal issues
- 01
Whether the sentence imposed under section 112(1)(a) of the Criminal Procedure Act was competent.
- 02
What is the appropriate sentence for the accused given the circumstances.
Party arguments
- Applicant
- The magistrate referred the matter for special review, contending that the sentence of three months imprisonment suspended for three years was not competent under section 112(1)(a) of the Criminal Procedure Act, which only allows for a fine not exceeding R1,500 or alternative imprisonment.
- Respondent
- The accused is a 43-year-old first offender, married with five children, unemployed, and the assault was a minor incident arising from anger at something said by the complainant. The respondent seeks a lenient sentence considering these mitigating factors.
05
Court’s reasoning
Legal principles
- 01
Criminal Procedure Act 51 of 1977, section 112(1)(a)
Under section 112(1)(a) of the Criminal Procedure Act, only a fine not exceeding R1,500 or alternative imprisonment may be imposed upon a plea of guilty to a minor offence.
- 02
S v Zinn 1969 (2) SA 537 (A)
Sentences must be appropriate to the circumstances of the offender and the offence, considering factors such as first offender status, family responsibilities, and the nature of the assault.
06
Ratio, limits and disposition
Ratio decidendi
The sentence imposed by the magistrate was not competent under section 112(1)(a) of the Criminal Procedure Act, as only a fine not exceeding R1,500 or alternative imprisonment may be imposed for such offences. The court found it unnecessary to remit the matter for resentencing, given the accused's personal circumstances and the minor nature of the assault. The conviction was confirmed, but the sentence was set aside and substituted with a fine of R300 or 30 days imprisonment, wholly suspended for three years on condition that the accused is not convicted of assault during the suspension period.
Obiter and limits
- It is in the interest of justice not to remit the matter for sentencing afresh, given the circumstances of the accused.
- The court considered the accused's status as a first offender, his family responsibilities, and the minor nature of the assault in determining an appropriate sentence.
Court disposition
Conviction confirmed; sentence set aside and substituted.
- The conviction is confirmed.
- The sentence is set aside and substituted with a fine of R300 or 30 days imprisonment, wholly suspended for three years on condition that the accused is not convicted of assault during the period of suspension.
Source and reliance status
Free State High Court, Bloemfontein
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Free State High Court, Bloemfontein
Judgment
IN THE HIGH COURT
OF SOUTH AFRICA
(ORANGE
FREE STATE PROVINCIAL DIVISION
Review No. : 1765/2004
In a special review of:
THE
STATE
versus
PAKANE
ERNEST MATIEA
_____________
CORAM: WRIGHT J et VAN
DER MERWE J
JUDGMENT: VAN
DER MERWE J
DELIVERED ON: 11 NOVEMBER 2004
[1] In this matter the accused was found guilty of assault in terms of the provisions of section 112(1)(a) of the Criminal Procedure Act, No. 51 of 1977. He was thereafter sentenced to 3 months imprisonment suspended for a period of 3 years on condition that the accused is not convicted of assault with the intent to do grievous bodily harm committed during the period of suspension.
[2] The magistrate sent the matter to this Court for purposes of special review on the basis that the aforesaid sentence was not competent.
This view is correct, as in terms of section 112(1)(a) of Act 51 of 1977 only a fine of not more than the amount of R1 500,00 or alternative imprisonment may be imposed. It follows that the sentence must be set aside.
[3] I consider it in the interest of justice not to remit this matter to the magistrate for purposes of sentencing afresh.
[4] The accused is 43 years of age and a first offender. He is married and the father of five children who are attending school. The accused is unemployed. The assault in question consisted of hitting the complainant with open hands and took place because the accused became angry because of something said by the complainant. In all these circumstances a sentence of a fine of R300,00 or 30 days imprisonment wholly suspended for a period of 3 years on condition that the accused is not convicted of assault committed during the period of suspension, appears to me to be a suitable sentence.
[5] Therefore the conviction is confirmed, but the sentence set aside and substituted with a sentence of a fine of R300,00 or 30 days imprisonment, wholly suspended for a period of 3 years on condition that the accused is not convicted of assault committed during the period of suspension.
________
C.H.G. VAN DER MERWE, J
I concur.
_____
G.F WRIGHT, J
/S Pieterse
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