S v Phakathi (A155/15) [2015] ZAGPPHC 109 (5 March 2015)

S v Phakathi (A155/15) [2015] ZAGPPHC 109 (5 March 2015)

The court held that the Magistrate erred by imposing a suspended sentence of 18 months imprisonment under section 112(1)(a) of the Criminal Procedure Act. The section only permits the imposition of a fine up to the prescribed limit or imprisonment for a short period as an alternative to the fine, but does not allow for suspended imprisonment. The imposition of the suspended sentence was therefore irregular and not in accordance with the law. The High Court set aside the suspended sentence and confirmed the sentence of a fine of R500 or 30 days imprisonment as appropriate under the circumstances.

Citation
[2015] ZAGPPHC 109
Parties
Applicant: The State; Respondent: Bongani Phakathi
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 March 2015
Case Number
A155/15
Procedural Posture
Special Review / High Court Review of Magistrate's Sentencing
Outcome
The suspended sentence of 18 months imprisonment is set aside. The sentence of a fine of R500 or 30 days imprisonment is confirmed.
Judges
M J Teffo, C Pretorius
Legal Topics
Criminal Procedure Act, Sentencing Irregularity, Section 112 1 a, Review Proceedings
Criminal Law Civil Procedure Criminal Procedure Act Sentencing Irregularity Section 112 1 a Review Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Applicant

Bongani Phakathi

Respondent

Procedural Posture

Special Review / High Court Review of Magistrate's Sentencing

Legal Issues

  1. 1 Whether the sentence imposed by the Magistrate under section 112(1)(a) of the Criminal Procedure Act was lawful.
  2. 2 Whether the suspended sentence of 18 months imprisonment was competent under section 112(1)(a).

Ratio Decidendi

The court held that the Magistrate erred by imposing a suspended sentence of 18 months imprisonment under section 112(1)(a) of the Criminal Procedure Act. The section only permits the imposition of a fine up to the prescribed limit or imprisonment for a short period as an alternative to the fine, but does not allow for suspended imprisonment. The imposition of the suspended sentence was therefore irregular and not in accordance with the law. The High Court set aside the suspended sentence and confirmed the sentence of a fine of R500 or 30 days imprisonment as appropriate under the circumstances.

Court Disposition

The suspended sentence of 18 months imprisonment is set aside. The sentence of a fine of R500 or 30 days imprisonment is confirmed.

Orders

  • The sentence of 18 months imprisonment imposed by the Magistrate and suspended for five years is set aside.
  • The accused is sentenced to pay a fine of R500,00 or serve a period of 30 days imprisonment.