S v Mokomele (88/2002) [2002] ZANWHC 33 (12 September 2002)

S v Mokomele (88/2002) [2002] ZANWHC 33 (12 September 2002)

The accused was incorrectly charged and convicted under a repealed statutory provision. The operative law is section 117(a) of the Correctional Services Act 111 of 1998, effective since 19 February 1999. The sentence of two years' imprisonment was excessive given the non-violent nature of the escape and the irrelevance of most previous convictions to the current offence. The accused should have been treated as a first offender for sentencing purposes. The court amended the charge to reflect the correct statutory provision, confirmed the conviction, and substituted the sentence with a more appropriate one, suspending part of the imprisonment on condition of good behaviour.

Citation
[2002] ZANWHC 33
Parties
Applicant: The State; Respondent: Oneboy Mokomele
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
12 September 2002
Case Number
88/2002
Procedural Posture
Criminal Review / Automatic Review After Conviction and Sentence
Outcome
Conviction confirmed; sentence amended and partially suspended.
Judges
MTR Mogoeng, MM Leeuw
Legal Topics
Escape From Lawful Custody, Sentencing Principles, Correctional Services Act, Review Procedure
Criminal Law Escape From Lawful Custody Sentencing Principles Correctional Services Act Review Procedure

Case Brief

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Parties

The State

Applicant

Oneboy Mokomele

Respondent

Procedural Posture

Criminal Review / Automatic Review After Conviction and Sentence

Legal Issues

  1. 1 Was the accused charged and convicted under the correct statutory provision.
  2. 2 Is the sentence imposed in accordance with justice given the circumstances and previous convictions.

Ratio Decidendi

The accused was incorrectly charged and convicted under a repealed statutory provision. The operative law is section 117(a) of the Correctional Services Act 111 of 1998, effective since 19 February 1999. The sentence of two years' imprisonment was excessive given the non-violent nature of the escape and the irrelevance of most previous convictions to the current offence. The accused should have been treated as a first offender for sentencing purposes. The court amended the charge to reflect the correct statutory provision, confirmed the conviction, and substituted the sentence with a more appropriate one, suspending part of the imprisonment on condition of good behaviour.

Court Disposition

Conviction confirmed; sentence amended and partially suspended.

Orders

  • The charge is amended by deleting reference to section 48(1)(a) of the Correctional Services Act 8 of 1959 and substituting section 117(a) of the Correctional Services Act 111 of 1998.
  • The conviction is confirmed.