S v Rantsie (159/17) [2017] ZAGPPHC 872 (6 September 2017)
- Citation
- [2017] ZAGPPHC 872
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- J W Louw
- Case number
- 159/17
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- J W Louw
- Case number
- 159/17
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The reviewing court found that the condition of suspension imposed by the magistrate was impermissibly broad, as it referred to 'any offense' rather than being limited to housebreaking with intent to commit any offense. This could result in the suspended sentence being put into operation for minor, unrelated offenses. The court held that the charge of housebreaking with intent to commit a crime unknown to the state was proper, but the condition of suspension must be appropriately tailored. The sentence was set aside and replaced with a condition limiting the suspension to convictions for housebreaking with intent to commit any offense during the period of suspension.
Court disposition
Sentence set aside and replaced with a properly formulated suspended sentence condition.
Orders
- The sentence imposed by the trial court is set aside.
- The accused is sentenced to a fine of R1 200,00 or six months imprisonment, wholly suspended for five years on condition that the accused is not convicted of housebreaking with intent to commit any offense committed during the period of suspension.
02
Material facts
Parties
The State
ApplicantAndries Rantsie
RespondentAmounts and remedies
- Fine Imposed: ZAR 1,200
03
Procedural history
Posture
Review Application / Review Judgment After Conviction and Sentence in Magistrate's Court
04
Questions and positions
Legal issues
- 01
Whether the condition of suspension referring to 'any offense' is legally permissible.
- 02
Whether the charge of housebreaking with intent to commit a crime unknown to the state is proper.
- 03
What is the appropriate formulation of the suspended sentence condition.
Party arguments
- Applicant
- The State prosecuted the accused for housebreaking with intent to commit a crime unknown to the State. The trial magistrate imposed a suspended sentence with the condition that the accused not be convicted of any offense during the suspension period. The magistrate justified this by reference to S v Maiaene, but did not limit the condition to housebreaking offenses.
- Respondent
- The accused did not make specific submissions on review. The reviewing judge raised the concern that the suspension condition was overly broad, as it could be triggered by conviction for any offense, including minor ones such as traffic violations.
05
Court’s reasoning
Legal principles
- 01
S v Stabb 2007 (1) SACR 77 (NC)
Where the intention to commit a specific crime cannot be proven, a conviction for housebreaking with intent to commit a crime unknown to the state is permissible.
- 02
S v Maiaene, case no. 92/2008
A suspended sentence condition should be limited to offenses related to the crime for which the accused was convicted, not to any offense.
06
Ratio, limits and disposition
Ratio decidendi
The reviewing court found that the condition of suspension imposed by the magistrate was impermissibly broad, as it referred to 'any offense' rather than being limited to housebreaking with intent to commit any offense. This could result in the suspended sentence being put into operation for minor, unrelated offenses. The court held that the charge of housebreaking with intent to commit a crime unknown to the state was proper, but the condition of suspension must be appropriately tailored. The sentence was set aside and replaced with a condition limiting the suspension to convictions for housebreaking with intent to commit any offense during the period of suspension.
Obiter and limits
- The formulation of suspended sentence conditions must be precise to avoid unintended consequences, such as activation for trivial offenses.
- Reference to precedent is important, but the facts and conditions must be carefully distinguished and applied.
Court disposition
Sentence set aside and replaced with a properly formulated suspended sentence condition.
- The sentence imposed by the trial court is set aside.
- The accused is sentenced to a fine of R1 200,00 or six months imprisonment, wholly suspended for five years on condition that the accused is not convicted of housebreaking with intent to commit any offense committed during the period of suspension.
Source and reliance status
North Gauteng High Court, Pretoria
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Judgment
IN THE GAUTENG DIVISION OF TH E HIGH COURT, PRETORIA
Not reportable
Not of interest to other judges
Revised.
6/9/2017
Magistrate: Orkney
Case no: 01/532/16
High court ref no:159/17
THE
STATE
v
ANDRIES
RANTSIE
REVIEW
JUDGMENT
LOUW, J
[1] The accused was convicted in the magistrates' court, Orkney on a count of housebreaking with intent to commit a crime unknown to the state. He was sentenced to a fine of R 1 200,00 or six months imprisonment, wholly suspended for five years on condition that the accused is not convicted of any offense committed during the period of suspension.
[2] The previous reviewing Judge directed an inquiry to the trial magistrate regarding the fact that the condition imposed does not refer to any specific offense, but to any offense. The learned magistrate responded by stating that he used the review judgment in S v Maiaene, case no. 92/2008 as a guide. n that matter, the sentence was, however, suspended on condition that the accused is not convicted of housebreaking with the intent to commit any offense during the period of suspension. The condition of the sentence imposed in Maiaene was therefore not the same as the condition imposed by the learned magistrate in the present matter. In the present matter, the condition refers to any offense, which is too wide. If the accused were to be convicted, e.g., for a simple traffic offense, the sentence which was imposed could then be put into operation.
[3] Where a perpetrator is caught after unlawfully breaking and entering into premises and the evidence is overwhelming that his intention was to commit a crime or crimes, but it is impossible for the prosecution to prove what crime or crimes he intended to commit, the allegation that he intended to commit an unknown offense, and to pronounce a verdict accordingly, is proper. S v Stabb 2007 (1) SACR 77 (NC) [13]. The charge sheet against the accused in the present matter alleged that he was guilty of the crime of housebreaking with the intent to commit a crime unknown to the state, was therefore in order. The condition of the sentence imposed by the court should accordingly, as in Maiaene, have been that the accused should not be convicted of housebreaking with the intent of committing any offense during the period of suspension.
[4] In the result, the sentence by the trial court is set aside and replaced by the following:
"The accused is sentenced to a fine of R1 200,00 or six months imprisonment, which is wholly suspended for a period of five years on condition that the accused is not convicted of housebreaking with intent to commit any offense committed during the period of suspension."
Signed at Pretoria on 6 September 2017.
____
J
W LOUW
JUDGE
OF THE HIGH COURT
D
S FOURIE
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