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South Africa Judgment

Eastern Cape High Court, Grahamstown

S v Stimele (20160108, 264/2016) [2016] ZAECGHC 94 (27 September 2016)

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Source document

01

Holding and result

The magistrate imposed a sentence of 18 months imprisonment suspended for 3 years in open court. The record erroneously reflected 18 years imprisonment due to a transcription error. As the accused was sentenced correctly in open court and suffered no prejudice, the court ordered that the record be amended to reflect the correct sentence.

Court disposition

The recorded sentence is set aside and substituted with the correct sentence of 18 months imprisonment suspended for 3 years.

Orders

  • The sentence recorded on annexure B to the charge sheet is set aside and substituted by the following sentence: 18 months imprisonment the whole of which is suspended for 3 years on condition that the accused is not convicted of contravening section 4 or 5 of Act 140 of 1992 committed during the period of suspension.

02

Material facts

Parties

The State

Applicant

Sizwe Stimele

Respondent

Amounts and remedies

  • Suspended Imprisonment Period: ZAR 18

03

Procedural history

  1. Posture

    Review Application / Special Review

04

Questions and positions

Legal issues

Party arguments

Applicant
The magistrate requests correction of the recorded sentence, as the sentence imposed in open court was 18 months imprisonment suspended, but the record erroneously reflects 18 years imprisonment.
Respondent
The accused did not suffer prejudice as the error was in the transcription and not in the sentence imposed in open court.

05

Court’s reasoning

  1. 01

    S v Stimele (20160108, 264/2016) [2016] ZAECGHC 94

    A court may correct clerical errors in the record to reflect the true sentence imposed.

  2. 02

    Section 4(a) of Act 140 of 1992

    Suspended sentences must be clearly and accurately recorded to avoid prejudice or confusion.

06

Ratio, limits and disposition

Ratio decidendi

The magistrate imposed a sentence of 18 months imprisonment suspended for 3 years in open court. The record erroneously reflected 18 years imprisonment due to a transcription error. As the accused was sentenced correctly in open court and suffered no prejudice, the court ordered that the record be amended to reflect the correct sentence.

Obiter and limits

  • Clerical errors in sentencing records should be promptly corrected to ensure the integrity of the judicial process.
  • The absence of prejudice to the accused is a relevant consideration when correcting such errors.

Court disposition

The recorded sentence is set aside and substituted with the correct sentence of 18 months imprisonment suspended for 3 years.

  • The sentence recorded on annexure B to the charge sheet is set aside and substituted by the following sentence: 18 months imprisonment the whole of which is suspended for 3 years on condition that the accused is not convicted of contravening section 4 or 5 of Act 140 of 1992 committed during the period of suspension.

Source and reliance status

Eastern Cape High Court, Grahamstown

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Judgment reading view

Judgment text

The complete available source text.

Source document

Eastern Cape High Court, Grahamstown

Judgment

[2016] ZAECGHC 94

REPORTABLE/NOT

REPORTABLE

IN

THE HIGH COURT OF SOUTH AFRICA

(EASTERN CAPE, GRAHAMSTOWN)

Review case no: 20160108

CA&R no: 264/2016

Date delivered: 27/09/2016

In the matter between

THE

STATE

vs

SIZWE

STIMELE

REVIEW

JUDGMENT

PICKERING J:

[1] In this matter, which comes before me on special review, it appears that in recording the suspended sentence which he imposed upon the accused after correctly convicting him of a contravention of section 4(a) of Act 140 of 1992 the magistrate inadvertently reflected that such sentence was one of 18 years imprisonment instead of 18 months. Fortunately this sentence did not engender undue consternation in the bosom of the accused as the error occurred in the transcription thereof after the accused had been sentenced in open court to the aforementioned suspended sentence of 18 months imprisonment.

[2] The magistrate now requests that the sentence as recorded on annexure “B” to the charge sheet be amended to reflect the correct sentence.

[3] Accordingly the following order will issue:

“The sentence recorded on annexure B to the charge sheet is set aside and substituted by the following sentence:

18 months imprisonment the whole of which is suspended for 3 years on condition that the accused is not convicted of contravening section 4 or 5 of Act 140 of 1992 committed during the period of suspension.”

_____

J.D.

PICKERING

JUDGE

OF THE HIGH COURT

I agree,

J.M.

ROBERSON

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

S v Stimele (20160108, 264/2016) [2016] ZAECGHC 94

Case cited

Section 4(a) of Act 140 of 1992

Legislation

Legislation referenced in the available case record.

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