S v Radebe and Others (SR24/2005) [2005] ZAFSHC 73 (10 February 2005)

S v Radebe and Others (SR24/2005) [2005] ZAFSHC 73 (10 February 2005)

The sentence of eight years imposed on accused 2 under section 276(1)(i) of the Criminal Procedure Act was incompetent, as the statute prescribes a maximum of five years for such a sentence. The court, acting in review, set aside the unlawful sentence and substituted it with the maximum permissible sentence of five years imprisonment under the relevant section. The correction was made without oral argument due to the clear statutory breach.

Citation
[2005] ZAFSHC 73
Parties
Applicant: The State; Defendant: Mokhethi Radebe; Defendant: Ananias Donjore; Defendant: Lawrence Hlahore
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 February 2005
Case Number
SR24/2005
Procedural Posture
Review Application / Review of Sentence Imposed by Lower Court
Outcome
The sentence of eight years imprisonment imposed on accused 2 is set aside and replaced with a sentence of five years imprisonment under section 276(1)(i) of the Criminal Procedure Act.
Judges
Malherbe RP, Cillié R
Legal Topics
Sentencing, Review of Sentence, Statutory Limits on Sentence, Robbery With Aggravating Circumstances
Criminal Law Sentencing Review of Sentence Statutory Limits on Sentence Robbery With Aggravating Circumstances

Case Brief

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Parties

The State

Applicant

Mokhethi Radebe

Defendant

Ananias Donjore

Defendant

Lawrence Hlahore

Defendant

Procedural Posture

Review Application / Review of Sentence Imposed by Lower Court

Legal Issues

  1. 1 Whether the sentence imposed on accused 2 exceeded the statutory maximum permitted under section 276(1)(i) of the Criminal Procedure Act.
  2. 2 Whether the sentence should be corrected on review without oral argument.

Ratio Decidendi

The sentence of eight years imposed on accused 2 under section 276(1)(i) of the Criminal Procedure Act was incompetent, as the statute prescribes a maximum of five years for such a sentence. The court, acting in review, set aside the unlawful sentence and substituted it with the maximum permissible sentence of five years imprisonment under the relevant section. The correction was made without oral argument due to the clear statutory breach.

Court Disposition

The sentence of eight years imprisonment imposed on accused 2 is set aside and replaced with a sentence of five years imprisonment under section 276(1)(i) of the Criminal Procedure Act.

Orders

  • The sentence of eight years imprisonment imposed on accused 2 is set aside.
  • Accused 2 is sentenced to five years imprisonment under section 276(1)(i) of the Criminal Procedure Act.