S v Modise (REV126/22) [2023] ZALMPPHC 60 (1 March 2023)

S v Modise (REV126/22) [2023] ZALMPPHC 60 (1 March 2023)

The trial court erred by imposing a suspended sentence for both offences together and referencing theft, which was not an offence of conviction. The conditions of suspension must be directly related to the offences for which the accused was convicted and must be properly formulated to avoid confusion for both the accused and the court. The reviewing court is competent to correct the sentence to ensure that each offence has an individualized suspended sentence with conditions that are clear, specific, and connected to the relevant offence. The corrected sentence ensures compliance with section 297(1) of the Criminal Procedure Act and established case law, thereby upholding the principles...

Citation
[2023] ZALMPPHC 60
Parties
Respondent: THE STATE; Applicant: Lazarous Nthueng Modise
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
1 March 2023
Case Number
REV126/22
Procedural Posture
Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
The sentence imposed by the trial court is corrected to provide individualized suspended sentences for each offence, with conditions directly related to the respective offences.
Judges
K L Pillay
Legal Topics
Suspended Sentence, Sentencing Irregularity, Criminal Procedure Act, Malicious Injury to Property, Assault by Threat
Criminal Law Civil Procedure Suspended Sentence Sentencing Irregularity Criminal Procedure Act Malicious Injury to Property Assault by Threat

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Parties

THE STATE

Respondent

Lazarous Nthueng Modise

Applicant

Procedural Posture

Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the suspended sentence imposed by the trial court was irregular and required correction.
  2. 2 Whether the conditions of suspension were properly related to the offences for which the accused was convicted.
  3. 3 Whether the sentence should be individualized for each offence to avoid confusion.

Ratio Decidendi

The trial court erred by imposing a suspended sentence for both offences together and referencing theft, which was not an offence of conviction. The conditions of suspension must be directly related to the offences for which the accused was convicted and must be properly formulated to avoid confusion for both the accused and the court. The reviewing court is competent to correct the sentence to ensure that each offence has an individualized suspended sentence with conditions that are clear, specific, and connected to the relevant offence. The corrected sentence ensures compliance with section 297(1) of the Criminal Procedure Act and established case law, thereby upholding the principles...

Court Disposition

The sentence imposed by the trial court is corrected to provide individualized suspended sentences for each offence, with conditions directly related to the respective offences.

Orders

  • Count 1 Assault: The accused is fined R3000,00 or one year imprisonment, half of which is suspended for three years on condition that the accused is not convicted of assault committed during the period of suspension.
  • Count 2 Malicious injury to property: The accused is fined R3000,00 or one year imprisonment, half of which is suspended for three years on condition that the accused is not convicted of malicious injury to property committed during the period of suspension.