S v Mokotedi (174/04) [2004] ZANWHC 30 (4 November 2004)

S v Mokotedi (174/04) [2004] ZANWHC 30 (4 November 2004)

The magistrate imposed a sentence of R3000.00 or four months imprisonment for failure to appear in court, which exceeds the statutory maximum of R300.00 or three months imprisonment as provided by sections 72(4) and 170(2) of the Criminal Procedure Act 51 of 1977. The magistrate conceded the error. The conviction is confirmed, but the sentence is set aside and substituted with the competent sentence. The accused was ordered to be released forthwith as he was unlawfully incarcerated.

Citation
[2004] ZANWHC 30
Parties
Applicant: The State; Respondent: Bareng Mokotedi
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
4 November 2004
Case Number
174/04
Procedural Posture
Review Application / Review of Sentence Imposed by Magistrate
Outcome
Conviction confirmed; sentence set aside and substituted with competent sentence.
Judges
R D Mokgoatlheng, A A Landman
Legal Topics
Failure to Appear, Sentencing Powers of Magistrate, Review Proceedings
Criminal Law Civil Procedure Failure to Appear Sentencing Powers of Magistrate Review Proceedings

Case Brief

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Parties

The State

Applicant

Bareng Mokotedi

Respondent

Procedural Posture

Review Application / Review of Sentence Imposed by Magistrate

Legal Issues

  1. 1 Whether the sentence imposed by the magistrate for contravening section 170(1) was competent.
  2. 2 What is the maximum sentence permissible for contravention of section 170(1) and section 72(4) of Act 51 of 1977.

Ratio Decidendi

The magistrate imposed a sentence of R3000.00 or four months imprisonment for failure to appear in court, which exceeds the statutory maximum of R300.00 or three months imprisonment as provided by sections 72(4) and 170(2) of the Criminal Procedure Act 51 of 1977. The magistrate conceded the error. The conviction is confirmed, but the sentence is set aside and substituted with the competent sentence. The accused was ordered to be released forthwith as he was unlawfully incarcerated.

Court Disposition

Conviction confirmed; sentence set aside and substituted with competent sentence.

Orders

  • The sentence imposed by the magistrate is set aside.
  • The accused is sentenced to R300.00 or three months imprisonment.