S v Sefadi and Others (86/2011) [2011] ZAFSHC 53 (10 March 2011)

S v Sefadi and Others (86/2011) [2011] ZAFSHC 53 (10 March 2011)

The magistrate imposed a sentence of three years imprisonment, which exceeds the statutory maximum of two years prescribed by section 2 of the Trespass Act, No. 6 of 1959. The sentence was therefore not in accordance with justice. The reviewing court set aside the unlawful sentence and substituted it with a sentence of two years imprisonment, wholly suspended for five years on condition that the accused are not found guilty of contravening section 1(1)(a) of the Trespass Act during the period of suspension.

Citation
[2011] ZAFSHC 53
Parties
Applicant: The State; Respondent: Teboho David Sefadi; Respondent: Bongani Qeke; Respondent: Solomon Masijane
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 March 2011
Case Number
86/2011
Procedural Posture
Review Application / Review of Sentence Imposed by Magistrate
Outcome
Sentence of three years imprisonment set aside and substituted with two years imprisonment wholly suspended for five years on condition of no further contravention of section 1(1)(a) of the Trespass Act.
Judges
Mocumie, Moloi
Legal Topics
Sentencing, Trespass Act, Review of Magistrate Decision
Criminal Law Sentencing Trespass Act Review of Magistrate Decision

Case Brief

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Parties

The State

Applicant

Teboho David Sefadi

Respondent

Bongani Qeke

Respondent

Solomon Masijane

Respondent

Procedural Posture

Review Application / Review of Sentence Imposed by Magistrate

Legal Issues

  1. 1 Whether the sentence imposed by the magistrate exceeded the statutory maximum prescribed by the Trespass Act.
  2. 2 Whether the sentence should be corrected to comply with the law.

Ratio Decidendi

The magistrate imposed a sentence of three years imprisonment, which exceeds the statutory maximum of two years prescribed by section 2 of the Trespass Act, No. 6 of 1959. The sentence was therefore not in accordance with justice. The reviewing court set aside the unlawful sentence and substituted it with a sentence of two years imprisonment, wholly suspended for five years on condition that the accused are not found guilty of contravening section 1(1)(a) of the Trespass Act during the period of suspension.

Court Disposition

Sentence of three years imprisonment set aside and substituted with two years imprisonment wholly suspended for five years on condition of no further contravention of section 1(1)(a) of the Trespass Act.

Orders

  • The sentence of three years imprisonment imposed by the magistrate is set aside.
  • Each accused is sentenced to two years imprisonment wholly suspended for five years on condition that they are not found guilty of contravening section 1(1)(a) of the Trespass Act, No. 6 of 1959, during the period of suspension.