S v Van Bontes (320/17) [2017] ZAGPPHC 885 (31 October 2017)

S v Van Bontes (320/17) [2017] ZAGPPHC 885 (31 October 2017)

The court held that the sentence imposed by the magistrate was excessive in light of the fact that the respondent had already served three months and that the punishment for contempt should not be aggravated by the seriousness of other possible charges. The sentence was set aside and replaced with three months' imprisonment, ante dated to the original sentencing date, to reflect the gravity of the contempt without overreaching into punishment for assault or attempted murder.

Citation
[2017] ZAGPPHC 885
Parties
Applicant: The State; Respondent: Jackson Van Bontes
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 October 2017
Case Number
320/17
Procedural Posture
Special Review / Review of Sentence Imposed for Contempt of Court
Outcome
Sentence of six months' imprisonment set aside and replaced with three months' imprisonment, ante dated to 18 July 2017.
Judges
C J Van der Westhuizen, H De Vos
Legal Topics
Contempt of Court, Summary Procedure, Sentencing Principles
Criminal Law Civil Procedure Contempt of Court Summary Procedure Sentencing Principles

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Applicant

Jackson Van Bontes

Respondent

Procedural Posture

Special Review / Review of Sentence Imposed for Contempt of Court

Legal Issues

  1. 1 Whether the sentence of six months' imprisonment for contempt of court was appropriate under the circumstances.
  2. 2 Whether the conduct of the respondent warranted a lesser sentence given the facts and time already served.

Ratio Decidendi

The court held that the sentence imposed by the magistrate was excessive in light of the fact that the respondent had already served three months and that the punishment for contempt should not be aggravated by the seriousness of other possible charges. The sentence was set aside and replaced with three months' imprisonment, ante dated to the original sentencing date, to reflect the gravity of the contempt without overreaching into punishment for assault or attempted murder.

Court Disposition

Sentence of six months' imprisonment set aside and replaced with three months' imprisonment, ante dated to 18 July 2017.

Orders

  • The sentence of six months' imprisonment imposed upon Jackson Van Bontes is set aside.
  • Jackson Van Bontes is sentenced to three months' imprisonment, ante dated to 18 July 2017.