S v Mosia (A553/15) [2015] ZAGPPHC 977 (12 August 2015)
- Citation
- [2015] ZAGPPHC 977
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- Strijdom, PM Mabuse
- Case number
- A553/15
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- Strijdom, PM Mabuse
- Case number
- A553/15
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The sentence imposed by the Magistrate's Court exceeded the statutory maximum for both fine and imprisonment for the offence of failure to appear. The Criminal Procedure Act prescribes a maximum fine of R300 or three months' imprisonment, and while the Adjustment of Fines Act allows for an increased fine, it does not permit an increase in the period of imprisonment. The sentence of R2000 or twelve months' imprisonment was therefore not in accordance with justice. The High Court set aside the original sentence and substituted it with a sentence that complies with the statutory limits: a fine of R1000 or three months' imprisonment.
Court disposition
The original sentence is set aside and substituted with a lawful sentence.
Orders
- The sentence of R2000 or twelve months' imprisonment, half suspended for two years, is set aside.
- The substituted sentence is R1000 or three months' imprisonment.
02
Material facts
Parties
The State
ApplicantRatshopolanga Mosia
RespondentAmounts and remedies
- Original Fine Imposed: ZAR 2,000
- Original Imprisonment Period (months): 12
- Substituted Fine: ZAR 1,000
- Substituted Imprisonment Period (months): 3
03
Procedural history
Posture
Review Application / Review of Sentence Imposed by Magistrate's Court
04
Questions and positions
Legal issues
- 01
Whether the sentence imposed by the Magistrate's Court for failure to appear was in accordance with justice.
- 02
Whether the fine and imprisonment period imposed exceeded the statutory limits under the Criminal Procedure Act and Adjustment of Fines Act.
Party arguments
- Applicant
- The State did not advance arguments in this review; the matter was referred by the magistrate for correction of sentence.
- Respondent
- The accused did not appear to advance arguments; the review was initiated by the magistrate due to concerns over the legality of the sentence imposed.
05
Court’s reasoning
Legal principles
- 01
Section 304(4) of the Criminal Procedure Act 51 of 1977
A court may review and set aside a sentence imposed by a magistrate if it is not in accordance with justice.
- 02
Section 170(2) of the Criminal Procedure Act 51 of 1977
For failure to appear, the maximum fine is R300 or imprisonment not exceeding three months, unless adjusted by statute.
- 03
Adjustment of Fines Act 101 of 1991
The Adjustment of Fines Act allows the fine to exceed R5000, but the period of imprisonment must not exceed the statutory maximum.
06
Ratio, limits and disposition
Ratio decidendi
The sentence imposed by the Magistrate's Court exceeded the statutory maximum for both fine and imprisonment for the offence of failure to appear. The Criminal Procedure Act prescribes a maximum fine of R300 or three months' imprisonment, and while the Adjustment of Fines Act allows for an increased fine, it does not permit an increase in the period of imprisonment. The sentence of R2000 or twelve months' imprisonment was therefore not in accordance with justice. The High Court set aside the original sentence and substituted it with a sentence that complies with the statutory limits: a fine of R1000 or three months' imprisonment.
Obiter and limits
- The Adjustment of Fines Act does not empower the court to increase the period of imprisonment beyond the statutory maximum for the offence.
- Review powers under section 304(4) of the Criminal Procedure Act are intended to ensure that sentences imposed by lower courts comply with the law.
Court disposition
The original sentence is set aside and substituted with a lawful sentence.
- The sentence of R2000 or twelve months' imprisonment, half suspended for two years, is set aside.
- The substituted sentence is R1000 or three months' imprisonment.
Source and reliance status
North Gauteng High Court, Pretoria
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.
North Gauteng High Court, Pretoria
Judgment
A 553/15 SG
IN THE
HIGH COURT OF SOUTH AFRICA
(NORTH GAUTENG HIGH COURT. PRETORIA)
DATE: 12/8/15
Magistrate 01/15
Case No: 2398/13
High Court Ref No: 194/15
THE STATE V RATS
HOPOLANGA MOSIA
REVIEW
JUDGMENT
STRIJDOM (AJ)
1. On 19 June 2014 a failure to appear enquiry was held against the accused in the Magistrate Court Middelburg.
2. The Court a quo did not accept the accused's explanation and found the accused guilty on failing to appear in court on 17 October 2013.
3. Subsequently the accused was sentenced to a fine of R2000-00 (Two Thousand Rand) or 12 (Twelve) month's imprisonment of which half was suspended for two years on certain conditions.
4. The accused was taken to prison. He subsequently paid the Rl 000.00 (One Thousand Rand) fine and was released.
5. This matter was sent to this court by the presiding magistrate who requested that the sentence be set aside and is amended as follows: "R l 000.00 or 3 (Three) month's imprisonment.
6. In terms of section 304 (4) of the Criminal Procedure Act 51 of 1977("the CPA") this court is empowered to exercise its review powers if, after sentence by a magistrates' court, it is brought to its notice that the proceedings in which the sentence was imposed were not in accordance with justice.
7. In terms of section 170 (2) of the Criminal Procedure Act, a court can impose a fine not exceeding R300.00 (three hundred rand) or imprisonment of a period not exceeding 3 (Three) months.
8. The Adjustment of Fine's Act 101 of 1991 applies and the amount in terms of this Act may exceed R5000-00. The Act however states that the fine is determined by the maximum imprisonment that can be imposed to it.
9. In term of the Adjustment Act the court could have adjusted the amount of the fine but not the period of imprisonment.
10. The following order is made.
10.1 The sentence of R2000-00(Two Thousand Rand) or 12 (Twelve) months imprisonment of which half was suspended for two years is set aside and substituted with a sentence of Rl 000-00 (One Thousand Rand) or 3 (Three) months imprisonment.
____
JJ
STRIJDOM ACTING
JUDG
OFTHE HIGH COURT
Iagree,
PM
MABUSE
JUDGE
OF THE HIGH COURT
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