S v Pheko (758/2008) [2009] ZAFSHC 8 (29 January 2009)

S v Pheko (758/2008) [2009] ZAFSHC 8 (29 January 2009)

The review court found that the magistrate's order authorising deferred payment of the fine contained a mathematical error, resulting in the total instalments exceeding the correct outstanding balance. The magistrate intended the deferred payments to total R2,400.00, but the order as recorded added up to R2,600.00. The review court set aside the incorrect portion of the order and substituted it with the correct instalment amount, ensuring the order accurately reflected the sentence imposed and the intention of the magistrate.

Citation
[2009] ZAFSHC 8
Parties
Applicant: Die Staat; Respondent: Khauhelo Pheko
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
29 January 2009
Case Number
758/2008
Procedural Posture
Criminal Review / Automatic Review After Conviction and Sentence
Outcome
The incorrect portion of the deferred payment order is set aside and substituted with the correct instalment arrangement; the remainder of the order stands.
Judges
Rampai, Moloi
Legal Topics
Driving Under Influence, Sentencing, Deferred Payment of Fine, National Road Traffic Act
Criminal Law Driving Under Influence Sentencing Deferred Payment of Fine National Road Traffic Act

Case Brief

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Parties

Die Staat

Applicant

Khauhelo Pheko

Respondent

Procedural Posture

Criminal Review / Automatic Review After Conviction and Sentence

Legal Issues

  1. 1 Whether the deferred payment order for the fine imposed on the accused was correctly calculated and recorded.
  2. 2 Whether the original court order accurately reflected the magistrate's intention regarding instalment payments.

Ratio Decidendi

The review court found that the magistrate's order authorising deferred payment of the fine contained a mathematical error, resulting in the total instalments exceeding the correct outstanding balance. The magistrate intended the deferred payments to total R2,400.00, but the order as recorded added up to R2,600.00. The review court set aside the incorrect portion of the order and substituted it with the correct instalment amount, ensuring the order accurately reflected the sentence imposed and the intention of the magistrate.

Court Disposition

The incorrect portion of the deferred payment order is set aside and substituted with the correct instalment arrangement; the remainder of the order stands.

Orders

  • The first leg of the court order dated 17 October 2008 is set aside.
  • It is substituted with: R400.00 on or before 15 November 2008.