S v Moreki (77/2013) [2013] ZAFSHC 56 (1 April 2013)

S v Moreki (77/2013) [2013] ZAFSHC 56 (1 April 2013)

The fine imposed on Molebogeng Moreki exceeded the statutory limit of R1 500.00 set by the Minister in terms of section 112(1)(a) of the Criminal Procedure Act at the time of sentencing. The magistrate correctly conceded this error and referred the matter for special review. The conviction is confirmed, but the sentence is set aside and the record remitted to the magistrate for the imposition of an appropriate sentence in accordance with the statutory limit applicable at the time.

Citation
[2013] ZAFSHC 56
Parties
Applicant: The State; Respondent: Molebogeng Moreki
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
1 April 2013
Case Number
77/2013
Procedural Posture
Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
Conviction confirmed; sentence set aside and remitted for appropriate sentencing.
Judges
P.U. Fischer, F. Jordaan
Legal Topics
Malicious Injury to Property, Criminal Procedure Act, Sentencing Limits, Review Proceedings
Criminal Law Malicious Injury to Property Criminal Procedure Act Sentencing Limits Review Proceedings

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Parties

The State

Applicant

Molebogeng Moreki

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the fine imposed exceeded the statutory limit under section 112(1)(a) of the Criminal Procedure Act.
  2. 2 Whether the sentence should be set aside and remitted for proper sentencing.

Ratio Decidendi

The fine imposed on Molebogeng Moreki exceeded the statutory limit of R1 500.00 set by the Minister in terms of section 112(1)(a) of the Criminal Procedure Act at the time of sentencing. The magistrate correctly conceded this error and referred the matter for special review. The conviction is confirmed, but the sentence is set aside and the record remitted to the magistrate for the imposition of an appropriate sentence in accordance with the statutory limit applicable at the time.

Court Disposition

Conviction confirmed; sentence set aside and remitted for appropriate sentencing.

Orders

  • The conviction is confirmed.
  • The sentence is set aside and the record is remitted back to the Magistrate for the imposition of an appropriate sentence in accordance with the legislation imposed by the Minister in terms of Government Notice R289, Government Gazette 2393 of 14 February 2003.