S v Williams (241/2015) [2016] ZAFSHC 20 (4 February 2016)

S v Williams (241/2015) [2016] ZAFSHC 20 (4 February 2016)

The magistrate's court exceeded its jurisdiction by imposing a sentence of five years imprisonment, even though part of the sentence was suspended. The maximum permissible sentence is three years imprisonment or a fine of R120,000. The compensation order made under section 300 of the Criminal Procedure Act is valid and may be paid in instalments, as such orders have the effect of civil judgments and payment by instalments is common in civil matters. The conviction is confirmed, but the sentence is set aside and replaced with a lawful sentence. The accused is also declared unfit to possess a firearm under section 103 of the Firearms Control Act.

Citation
[2016] ZAFSHC 20
Parties
Plaintiff: THE STATE; Defendant: GIDEON WILLIAMS
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
4 February 2016
Case Number
241/2015
Procedural Posture
Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
Conviction confirmed; sentence set aside and replaced with a lawful sentence; compensation order confirmed; accused declared unfit to possess a firearm.
Judges
K.J Moloi, J. Daffue
Legal Topics
Assault With Intent to Do Grievous Bodily Harm, Plea and Sentence Agreement, Magistrates Court Jurisdiction, Compensation Order, Firearms Control
Criminal Law Assault With Intent to Do Grievous Bodily Harm Plea and Sentence Agreement Magistrates Court Jurisdiction Compensation Order Firearms Control

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Parties

THE STATE

Plaintiff

GIDEON WILLIAMS

Defendant

Procedural Posture

Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the magistrate's court had jurisdiction to impose a sentence of five years imprisonment, even if suspended.
  2. 2 Whether compensation under section 300 of the Criminal Procedure Act can be ordered to be paid in instalments.
  3. 3 Whether the conviction and compensation order should be confirmed and an appropriate sentence imposed.

Ratio Decidendi

The magistrate's court exceeded its jurisdiction by imposing a sentence of five years imprisonment, even though part of the sentence was suspended. The maximum permissible sentence is three years imprisonment or a fine of R120,000. The compensation order made under section 300 of the Criminal Procedure Act is valid and may be paid in instalments, as such orders have the effect of civil judgments and payment by instalments is common in civil matters. The conviction is confirmed, but the sentence is set aside and replaced with a lawful sentence. The accused is also declared unfit to possess a firearm under section 103 of the Firearms Control Act.

Court Disposition

Conviction confirmed; sentence set aside and replaced with a lawful sentence; compensation order confirmed; accused declared unfit to possess a firearm.

Orders

  • The conviction on a charge of assault with intent to do grievous bodily harm is confirmed.
  • The sentence of five years imprisonment is set aside and replaced with a fine of R2000 or two years imprisonment, half of which is suspended for five years on condition of no further assault convictions.