S v Tlheme [2009] ZAFSHC 66 (4 June 2009)

S v Tlheme [2009] ZAFSHC 66 (4 June 2009)

The magistrate erred by putting the Bethlehem suspended sentence into operation, as there was no evidence that its conditions had been breached. The accused's conviction at Bethlehem constituted a breach of the Welkom sentence's conditions, not the Bethlehem sentence. Therefore, only the Welkom sentence was eligible to be put into operation. The order of the magistrate was irregular and must be set aside.

Citation
[2009] ZAFSHC 66
Parties
Applicant: The State; Respondent: S.P. Tlheme
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
4 June 2009
Case Number
303/2009
Procedural Posture
Review Application / Special Review
Outcome
The order putting the Bethlehem suspended sentence into operation is set aside.
Judges
C.J. Musi, Ebrahim
Legal Topics
Suspended Sentence, Review of Magistrate Order, Breach of Suspension Conditions
Criminal Law Civil Procedure Suspended Sentence Review of Magistrate Order Breach of Suspension Conditions

Case Brief

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Parties

The State

Applicant

S.P. Tlheme

Respondent

Procedural Posture

Review Application / Special Review

Legal Issues

  1. 1 Whether the magistrate was correct in putting the Bethlehem suspended sentence into operation.
  2. 2 Whether the accused breached the conditions of the Welkom or Bethlehem suspended sentences.

Ratio Decidendi

The magistrate erred by putting the Bethlehem suspended sentence into operation, as there was no evidence that its conditions had been breached. The accused's conviction at Bethlehem constituted a breach of the Welkom sentence's conditions, not the Bethlehem sentence. Therefore, only the Welkom sentence was eligible to be put into operation. The order of the magistrate was irregular and must be set aside.

Court Disposition

The order putting the Bethlehem suspended sentence into operation is set aside.

Orders

  • The order of the additional magistrate Welkom, in terms of which the suspended sentence mentioned in paragraph 3 of this judgment was put into operation from 16 April 2009, is set aside.