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

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

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.

Citation
[2016] ZAECGHC 94
Parties
Applicant: The State; Respondent: Sizwe Stimele
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
27 September 2016
Case Number
20160108, 264/2016
Procedural Posture
Review Application / Special Review
Outcome
The recorded sentence is set aside and substituted with the correct sentence of 18 months imprisonment suspended for 3 years.
Judges
J.D. Pickering, J.M. Roberson
Legal Topics
Sentencing Error, Suspended Sentence, Section 4 Act 140 of 1992
Criminal Law Sentencing Error Suspended Sentence Section 4 Act 140 of 1992

Case Brief

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Parties

The State

Applicant

Sizwe Stimele

Respondent

Procedural Posture

Review Application / Special Review

Legal Issues

  1. 1 Whether the sentence as recorded was correct and reflected the sentence imposed in open court.
  2. 2 Whether the error in transcription of the sentence should be rectified.

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.

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.