S v Setlhako and Others (101/01) [2001] ZANWHC 43 (25 October 2001)

S v Setlhako and Others (101/01) [2001] ZANWHC 43 (25 October 2001)

The conviction of theft is confirmed as the accused pleaded guilty and admitted to the amounts stolen. However, the sentence imposed is set aside because the compensatory order under section 300 of the Criminal Procedure Act was not properly calculated or supported by evidence. The accused were not given an opportunity to address the court on the compensation amount, and the inclusion of alternative imprisonment for non-payment is improper as such an order has the effect of a civil judgment. The matter is remitted to the magistrate to properly enquire into and establish the exact amount of damages suffered by the complainant for the purpose of compensation, and the sentence is to be...

Citation
[2001] ZANWHC 43
Parties
Applicant: The State; Respondent: Dorcas Matshidiso Setlhako; Respondent: Accused 2; Respondent: Accused 3
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
25 October 2001
Case Number
101/01
Procedural Posture
Review Application / Review of Conviction and Sentence After Guilty Plea
Outcome
Conviction confirmed; sentence set aside; matter remitted for proper enquiry and fresh sentence.
Judges
M M Leeuw, B E Nkabinde
Legal Topics
Theft, Compensation Order, Criminal Procedure Act Section 300, Civil Judgment Effect, Sentencing Review
Criminal Law Civil Procedure Theft Compensation Order Criminal Procedure Act Section 300 Civil Judgment Effect Sentencing Review

Case Brief

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Parties

The State

Applicant

Dorcas Matshidiso Setlhako

Respondent

Accused 2

Respondent

Accused 3

Respondent

Procedural Posture

Review Application / Review of Conviction and Sentence After Guilty Plea

Legal Issues

  1. 1 Whether the compensatory order under section 300 of the Criminal Procedure Act was properly made.
  2. 2 Whether the sentence of alternative imprisonment for non-payment of compensation is lawful.
  3. 3 Whether the accused were given an opportunity to address the court on compensation.

Ratio Decidendi

The conviction of theft is confirmed as the accused pleaded guilty and admitted to the amounts stolen. However, the sentence imposed is set aside because the compensatory order under section 300 of the Criminal Procedure Act was not properly calculated or supported by evidence. The accused were not given an opportunity to address the court on the compensation amount, and the inclusion of alternative imprisonment for non-payment is improper as such an order has the effect of a civil judgment. The matter is remitted to the magistrate to properly enquire into and establish the exact amount of damages suffered by the complainant for the purpose of compensation, and the sentence is to be...

Court Disposition

Conviction confirmed; sentence set aside; matter remitted for proper enquiry and fresh sentence.

Orders

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