S v Williams , S v Papier (813/05 , 863/05) [2006] ZAWCHC 5; 2006 (2) SACR 101 (C) (24 February 2006)

S v Williams , S v Papier (813/05 , 863/05) [2006] ZAWCHC 5; 2006 (2) SACR 101 (C) (24 February 2006)

The magistrate erred in relying on sections 73(6)(a) and 73(7)(c) of the Correctional Services Act to impose minimum periods to be served before parole or correctional supervision. The authority to set a non-parole period resides exclusively in section 276B of the Criminal Procedure Act, which applies only to sentences of two years or longer. The Correctional Services Act regulates the consequences of such orders but does not empower the court to make them. The references to the Correctional Services Act in the sentencing orders were therefore invalid. The sentences were reviewed and replaced with lawful sentences omitting the invalid references.

Citation
[2006] ZAWCHC 5
Parties
Applicant: The State; Respondent: Lionel Williams; Respondent: Ashley Papier
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
24 February 2006
Case Number
813/05, 863/05
Procedural Posture
Criminal Review / Automatic Review of Magistrate's Sentences
Outcome
Sentences imposed by the magistrate are set aside and replaced with lawful sentences omitting invalid references to the Correctional Services Act.
Judges
HJ Erasmus, Fourie
Legal Topics
Sentencing Jurisdiction, Parole Eligibility, Non Parole Period, Magistrate Sentencing Powers, Correctional Services Act
Criminal Law Sentencing Jurisdiction Parole Eligibility Non Parole Period Magistrate Sentencing Powers Correctional Services Act

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Parties

The State

Applicant

Lionel Williams

Respondent

Ashley Papier

Respondent

Procedural Posture

Criminal Review / Automatic Review of Magistrate's Sentences

Legal Issues

  1. 1 Whether the magistrate had the authority to impose a non-parole period under the Correctional Services Act rather than the Criminal Procedure Act.
  2. 2 Whether the sentences imposed by the magistrate were lawful and appropriate given the statutory framework for parole and correctional supervision.
  3. 3 Whether the references to the Correctional Services Act in the sentencing orders were valid.

Ratio Decidendi

The magistrate erred in relying on sections 73(6)(a) and 73(7)(c) of the Correctional Services Act to impose minimum periods to be served before parole or correctional supervision. The authority to set a non-parole period resides exclusively in section 276B of the Criminal Procedure Act, which applies only to sentences of two years or longer. The Correctional Services Act regulates the consequences of such orders but does not empower the court to make them. The references to the Correctional Services Act in the sentencing orders were therefore invalid. The sentences were reviewed and replaced with lawful sentences omitting the invalid references.

Court Disposition

Sentences imposed by the magistrate are set aside and replaced with lawful sentences omitting invalid references to the Correctional Services Act.

Orders

  • In the case of Lionel Williams, the sentence imposed by the magistrate is set aside and replaced with three years' imprisonment. In terms of section 280(2) of the Criminal Procedure Act 51 of 1977, this sentence is to run concurrently with the sentence imposed in case 187/2004, should the suspended sentence in that...
  • In the case of Ashley Papier, the sentence imposed by the magistrate is set aside and replaced with twenty months' imprisonment. In terms of section 280(2) of the Criminal Procedure Act 51 of 1977, eight months of this sentence is to run concurrently with the sentence imposed in case 1511/2003, should the suspended...