S v Thomson (80/96) [1997] ZASCA 5; [1997] 2 All SA 127 (A) (10 March 1997)

S v Thomson (80/96) [1997] ZASCA 5; [1997] 2 All SA 127 (A) (10 March 1997)

The Supreme Court of Appeal found that the trial judge misdirected herself by relying on the possibility of future release under the Correctional Services Act when imposing life imprisonment. The psychiatric evidence established that the appellant posed a real danger to society, but did not support the conclusion that it was probable he would re-offend. The court held that the trial judge failed to properly consider the alternative of declaring the appellant a dangerous criminal under sections 286A and 286B of the Criminal Procedure Act, which would allow for indefinite imprisonment with periodic review. The majority (Streicher AJA) set aside the sentence and referred the matter back to...

Citation
[1997] ZASCA 5
Parties
Appellant: Craig Kenneth Thomson; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
10 March 1997
Case Number
80/96
Procedural Posture
Criminal Appeal / Appeal Against Sentence After Conviction and Post Sentence Evidence
Outcome
Majority: Sentence set aside and matter referred back to trial court to consider section 286A and impose appropriate sentence. Minority: Appeal dismissed; life imprisonment upheld.
Judges
EM Grosskopf, Schutz, Streicher
Legal Topics
Rape, Indecent Assault, Sentencing, Dangerous Criminal Declaration, Personality Disorder, Admission of Further Evidence
Criminal Law Rape Indecent Assault Sentencing Dangerous Criminal Declaration Personality Disorder Admission of Further Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Craig Kenneth Thomson

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence After Conviction and Post Sentence Evidence

Legal Issues

  1. 1 Whether the trial judge misdirected herself in imposing life imprisonment based on psychiatric evidence.
  2. 2 Whether the appellant should have been declared a dangerous criminal under section 286A and B of the Criminal Procedure Act, 1977.
  3. 3 Whether post-sentence evidence should affect the sentence imposed.

Ratio Decidendi

The Supreme Court of Appeal found that the trial judge misdirected herself by relying on the possibility of future release under the Correctional Services Act when imposing life imprisonment. The psychiatric evidence established that the appellant posed a real danger to society, but did not support the conclusion that it was probable he would re-offend. The court held that the trial judge failed to properly consider the alternative of declaring the appellant a dangerous criminal under sections 286A and 286B of the Criminal Procedure Act, which would allow for indefinite imprisonment with periodic review. The majority (Streicher AJA) set aside the sentence and referred the matter back to...

Court Disposition

Majority: Sentence set aside and matter referred back to trial court to consider section 286A and impose appropriate sentence. Minority: Appeal dismissed; life imprisonment upheld.

Orders

  • The sentence of life imprisonment is set aside.
  • The matter is referred back to the trial court with a direction that the trial judge should consider acting in terms of section 286A of the Criminal Procedure Act, 1977 and thereafter impose the appropriate sentence.