S v Shabalala (749/2007) [2007] ZAFSHC 99 (20 September 2007)

S v Shabalala (749/2007) [2007] ZAFSHC 99 (20 September 2007)

The sentence of five years correctional supervision imposed on the accused was irregular and not in accordance with section 276(1)(h) of the Criminal Procedure Act 51 of 1977, which limits such sentences to a maximum of three years. The proceedings were therefore not in accordance with justice. The court set aside the irregular sentence and substituted it with a sentence of three years correctional supervision, subject to the conditions previously stipulated.

Citation
[2007] ZAFSHC 99
Parties
Applicant: The State; Respondent: Lihle Steven Shabalala
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
20 September 2007
Case Number
749/2007
Procedural Posture
Review Application / Special Review
Outcome
The sentence of five years correctional supervision is set aside and substituted with three years correctional supervision subject to the original conditions.
Judges
H.M. Musi, Ebrahim
Legal Topics
Sentencing Irregularity, Correctional Supervision, Criminal Procedure Act, Review of Sentence
Criminal Law Sentencing Irregularity Correctional Supervision Criminal Procedure Act Review of Sentence

Case Brief

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Parties

The State

Applicant

Lihle Steven Shabalala

Respondent

Procedural Posture

Review Application / Special Review

Legal Issues

  1. 1 Whether the sentence of five years correctional supervision imposed under section 276(1)(h) of the Criminal Procedure Act 51 of 1977 was lawful.
  2. 2 Whether the proceedings were in accordance with justice given the irregular sentence.

Ratio Decidendi

The sentence of five years correctional supervision imposed on the accused was irregular and not in accordance with section 276(1)(h) of the Criminal Procedure Act 51 of 1977, which limits such sentences to a maximum of three years. The proceedings were therefore not in accordance with justice. The court set aside the irregular sentence and substituted it with a sentence of three years correctional supervision, subject to the conditions previously stipulated.

Court Disposition

The sentence of five years correctional supervision is set aside and substituted with three years correctional supervision subject to the original conditions.

Orders

  • The sentence of five years correctional supervision is set aside.
  • A sentence of three years correctional supervision is substituted, subject to the conditions contained in annexure A.