S v Slabbert (286/97) [1998] ZASCA 2 (3 March 1998)

S v Slabbert (286/97) [1998] ZASCA 2 (3 March 1998)

The Supreme Court of Appeal held that the composite sentence imposed by the magistrate, consisting of five years imprisonment under section 276(1)(i) and an additional two years imprisonment wholly suspended for five years, was incompetent. The court reasoned that a suspended sentence of imprisonment is still a sentence of imprisonment and must be included in the total period for the purposes of section 276A(2) of the Criminal Procedure Act. Therefore, the total sentence amounted to seven years, exceeding the statutory maximum of five years permitted under section 276(1)(i). The magistrate misdirected himself by not considering the suspended sentence as part of the total period....

Citation
[1998] ZASCA 2
Parties
Appellant: Ilze Corlia Slabbert; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
3 March 1998
Case Number
286/97
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence set aside and matter remitted to the magistrate for reconsideration of sentence.
Judges
Van Heerden, Nienaber, Schutz
Legal Topics
Sentencing, Suspended Sentence, Correctional Supervision, Criminal Procedure Act, Magistrates Discretion
Criminal Law Sentencing Suspended Sentence Correctional Supervision Criminal Procedure Act Magistrates Discretion

Case Brief

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Parties

Ilze Corlia Slabbert

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the composite sentence imposed by the magistrate was competent under section 276(1)(i) and section 276A(2) of the Criminal Procedure Act.
  2. 2 Whether a suspended sentence of imprisonment counts towards the total period of imprisonment for the purposes of section 276A(2).

Ratio Decidendi

The Supreme Court of Appeal held that the composite sentence imposed by the magistrate, consisting of five years imprisonment under section 276(1)(i) and an additional two years imprisonment wholly suspended for five years, was incompetent. The court reasoned that a suspended sentence of imprisonment is still a sentence of imprisonment and must be included in the total period for the purposes of section 276A(2) of the Criminal Procedure Act. Therefore, the total sentence amounted to seven years, exceeding the statutory maximum of five years permitted under section 276(1)(i). The magistrate misdirected himself by not considering the suspended sentence as part of the total period....

Court Disposition

Appeal allowed; sentence set aside and matter remitted to the magistrate for reconsideration of sentence.

Orders

  • The appeal is allowed.
  • The order of the Court a quo dismissing the appeal from the regional court against sentence is set aside.