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South Africa Judgment

Free State High Court, Bloemfontein

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

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Source document

01

Holding and result

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.
  • The record is remitted to the Magistrate for the imposition of an appropriate sentence.

02

Material facts

Parties

The State

Applicant

Tsietsi Ramokhosi

Respondent

Amounts and remedies

  • Fine Imposed (set Aside): ZAR 4,000

03

Procedural history

  1. Posture

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

04

Questions and positions

Legal issues

Party arguments

Applicant
The State requested the application of Section 112(1)(a) of the Criminal Procedure Act, 51 of 1977, following the accused's guilty plea and conviction for assault. The State did not raise any objection to the sentence at the time.
Respondent
The Magistrate conceded post-sentencing that the imposed sentence was contrary to Section 112(1)(a) of Act 51 of 1977, as the determination of amounts in the Criminal Gazette only came into effect from 1 February 2013, after the sentence was imposed on 31 January 2013.

05

Court’s reasoning

  1. 01

    Criminal Procedure Act 51 of 1977

    A sentence imposed under Section 112(1)(a) of the Criminal Procedure Act must comply with the statutory requirements and effective dates of relevant legislative provisions.

  2. 02

    Criminal Procedure Act 51 of 1977, Section 304(4)

    Sentences imposed contrary to statutory provisions must be set aside and remitted for proper sentencing.

06

Ratio, limits and disposition

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.

Obiter and limits

  • Magistrates must ensure that sentences imposed comply with the effective dates of legislative amendments and gazetted provisions.
  • Errors in sentencing procedure should be promptly corrected through special review to uphold the integrity of the criminal justice process.

Court disposition

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

  • The conviction is confirmed.
  • The sentence is set aside.
  • The record is remitted to the Magistrate for the imposition of an appropriate sentence.

Source and reliance status

Free State High Court, Bloemfontein

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Judgment text

The complete available source text.

Source document

Free State High Court, Bloemfontein

Judgment

[2013] ZAFSHC 127

FREE STATE HIGH COURT, BLOEMFONTEIN

REPUBLIC OF SOUTH

AFRICA

Review No : 115/2013

In the review between:

THE

STATE

versus

TSIETSI

RAMOKHOSI

_____________

CORAM: LEKALE, J et MHLAMBI,AJ

JUDGMENT BY: MHLAMBI,AJ

DELIVERED ON: 11 JULY 2013

[1] This matter came before us by way of special review in terms of Section 304(4) of the Criminal Procedure Act, 51 of 1977.

[2] On 31 January 2013 the accused was charged with and pleaded guilty to assault in the Bloemfontein Magistrate’s Court and was convicted accordingly. The State, thereupon, asked the Court to apply the provisions of Section 112(1)(a) of Act 51 of 1977. The following sentence was imposed:

“Fined R4000.00 (four thousand rand only) or undergo 2 (two) months imprisonment wholly suspended for 5 (five) years on condition that the offender is not convicted of assault committed during the period of suspension”

[3] The Magistrate, in referring the matter for special review, said the following:

“After the imposition of the sentence I condede that the sentence imposed is contrary to the provisions of Section 112(1)(a) Act 51 of 1977. The determination of amounts for purposes of certain provisions of the Criminal Gazette No. 36111 dated 30 January 2013 only came into effect from 01 February 2013.”

[4] I agree with the learned Magistrate and make the following orders:

The conviction is confirmed.

The sentence is set aside.

The record is remitted to the Magistrate for the imposition of an appropriate sentence.

_____

JJ MHLAMBI,AJ

I concur.

____

LJ LEKALE, J

/spieterse

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Criminal Procedure Act 51 of 1977

Legislation

Legislation referenced in the available case record.

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