S v Rathaba [2009] ZAFSHC 92 (25 September 2009)

S v Rathaba [2009] ZAFSHC 92 (25 September 2009)

The magistrate erred in imposing four years of corrective supervision, exceeding the statutory maximum permitted by section 276(1)(h) of the Criminal Procedure Act. The review court accepted the magistrate's request to reduce the term to three years, ensuring compliance with the law. The remainder of the sentence, namely eight years' imprisonment suspended for four years on condition that the accused is not convicted of murder during the suspension period, remains unchanged. The amended sentence is deemed to have been imposed on 11 June 2009, in accordance with section 282 of the Act.

Citation
[2009] ZAFSHC 92
Parties
Applicant: The State; Respondent: Pheello Sam Rathaba
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 September 2009
Case Number
446/09
Procedural Posture
Review Application / Post Sentencing Review
Outcome
Sentence amended on review to comply with statutory limits.
Judges
A Kruger, SPB Hancke
Legal Topics
Sentencing Review, Corrective Supervision, Suspended Sentence, Murder
Criminal Law Sentencing Review Corrective Supervision Suspended Sentence Murder

Case Brief

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Parties

The State

Applicant

Pheello Sam Rathaba

Respondent

Procedural Posture

Review Application / Post Sentencing Review

Legal Issues

  1. 1 Whether the magistrate was empowered to impose more than three years of corrective supervision under section 276(1)(h) of the Criminal Procedure Act.
  2. 2 Whether the sentence should be amended to comply with statutory limits.

Ratio Decidendi

The magistrate erred in imposing four years of corrective supervision, exceeding the statutory maximum permitted by section 276(1)(h) of the Criminal Procedure Act. The review court accepted the magistrate's request to reduce the term to three years, ensuring compliance with the law. The remainder of the sentence, namely eight years' imprisonment suspended for four years on condition that the accused is not convicted of murder during the suspension period, remains unchanged. The amended sentence is deemed to have been imposed on 11 June 2009, in accordance with section 282 of the Act.

Court Disposition

Sentence amended on review to comply with statutory limits.

Orders

  • The sentence of four years corrective supervision is replaced with three years corrective supervision under section 276(1)(h) of the Criminal Procedure Act 51 of 1977, on the conditions set out in annexure 'D' to the court papers.
  • In addition, the accused is sentenced to eight years' imprisonment, suspended for four years on condition that he is not convicted of murder committed during the period of suspension.