S v Ramokhosi (115/2013) [2013] ZAFSHC 127 (11 July 2013)

S v Ramokhosi (115/2013) [2013] ZAFSHC 127 (11 July 2013)

The sentence imposed on the accused was contrary to Section 112(1)(a) of the Criminal Procedure Act, 51 of 1977, because the determination of amounts for sentencing purposes in the Criminal Gazette only became effective from 1 February 2013, whereas the sentence was imposed on 31 January 2013. The Magistrate correctly conceded the error, and the court confirmed the conviction but set aside the sentence, remitting the record for the imposition of an appropriate sentence in accordance with the law.

Citation
[2013] ZAFSHC 127
Parties
Applicant: The State; Respondent: Tsietsi Ramokhosi
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
11 July 2013
Case Number
115/2013
Procedural Posture
Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
Conviction confirmed; sentence set aside; matter remitted for appropriate sentencing.
Judges
Mhlambi, Lekale
Legal Topics
Criminal Procedure Act, Section 112 1 a, Sentencing Review, Magistrates Court Procedure
Criminal Law Criminal Procedure Act Section 112 1 a Sentencing Review Magistrates Court Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The State

Applicant

Tsietsi Ramokhosi

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentence imposed was contrary to Section 112(1)(a) of the Criminal Procedure Act, 51 of 1977.
  2. 2 Whether the sentence was valid in light of the effective date of the Criminal Gazette provisions.

Ratio Decidendi

The sentence imposed on the accused was contrary to Section 112(1)(a) of the Criminal Procedure Act, 51 of 1977, because the determination of amounts for sentencing purposes in the Criminal Gazette only became effective from 1 February 2013, whereas the sentence was imposed on 31 January 2013. The Magistrate correctly conceded the error, and the court confirmed the conviction but set aside the sentence, remitting the record for the imposition of an appropriate sentence in accordance with the law.

Court Disposition

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

Orders

  • The conviction is confirmed.
  • The sentence is set aside.