S v Shau (97/2013) [2013] ZAFSHC 98 (27 June 2013)

S v Shau (97/2013) [2013] ZAFSHC 98 (27 June 2013)

The court found that the magistrate erred by referencing section 300 of the Criminal Procedure Act, 51 of 1977, when imposing a compensation order as a condition of suspension. The correct statutory provision for such an order is section 297(1)(a)(i)(aa), which allows for compensation to be paid as a condition of a suspended sentence. The review court agreed with the regional magistrate's request and amended the sentence accordingly, ensuring that the compensation order was properly grounded in law and enforceable under the correct section.

Citation
[2013] ZAFSHC 98
Parties
Applicant: The State; Respondent: David Shau
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
27 June 2013
Case Number
97/2013
Procedural Posture
Criminal Review / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
Sentence amended to reference section 297(1)(a)(i)(aa) for compensation order; reference to section 300 deleted.
Judges
P. Zietsman, Kruger
Legal Topics
Compensation Order, Sentence Amendment, Criminal Procedure Act, Review Proceedings
Criminal Law Compensation Order Sentence Amendment Criminal Procedure Act Review Proceedings

Case Brief

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Parties

The State

Applicant

David Shau

Respondent

Procedural Posture

Criminal Review / Special Review Under Section 304(4) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the magistrate erred by incorporating section 300 (compensation order) as a condition of suspension in the sentence.
  2. 2 Whether the sentence should be amended to reference section 297(1)(a)(i)(aa) of the Criminal Procedure Act, 51 of 1977 instead of section 300.

Ratio Decidendi

The court found that the magistrate erred by referencing section 300 of the Criminal Procedure Act, 51 of 1977, when imposing a compensation order as a condition of suspension. The correct statutory provision for such an order is section 297(1)(a)(i)(aa), which allows for compensation to be paid as a condition of a suspended sentence. The review court agreed with the regional magistrate's request and amended the sentence accordingly, ensuring that the compensation order was properly grounded in law and enforceable under the correct section.

Court Disposition

Sentence amended to reference section 297(1)(a)(i)(aa) for compensation order; reference to section 300 deleted.

Orders

  • The sentence imposed is altered with specific reference to condition (ii), which is now to read: '(ii) That the accused compensate the complainant in terms of section 297(1)(a)(i)(aa) of the Criminal Procedure Act, 51 of 1977 in the amount of R10 000,00 (ten thousand rand). Such amount is payable in monthly...