South Africa Case Law

Moroe v Director of Public Prosecutions, Free State and Another (4506/2020)

Moroe v Director of Public Prosecutions, Free State and Another (4506/2020) [2021] ZAFSHC 54; 2022 (1) SACR 264 (FB) (10 March 2021)

Court

Free State High Court, Bloemfontein

Case number

4506/2020

Judges

C.J. Musi, M. Opperman

The High Court reviewed and set aside a magistrate’s decision to activate a suspended sentence, holding that judicial discretion was not properly exercised.

• Suspended Sentence
• Review Of Magistrates Court
• Gross Irregularity
• Judicial Discretion
• Criminal Procedure Act Section 297
• Suspended-sentence

S v Bolani (CA&R307/2019)

S v Bolani (CA&R307/2019) [2019] ZAECGHC 120 (28 November 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R307/2019

Judges

G H Bloem, N G Beshe

The High Court confirmed a conviction for malicious injury to property but set aside a suspended sentence because the reporting condition did not comply with section 297(8A)(a).

• Malicious Injury To Property
• Conditional Suspension Of Sentence
• Community Service Conditions
• Criminal Procedure Act Section 297
• Criminal-law
• Malicious-injury-to-property

S v Maseti (CA&R 98/2014)

S v Maseti (CA&R 98/2014) [2014] ZAECGHC 17; 2014 (2) SACR 621 (ECG) (15 April 2014)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R 98/2014

Judges

P.W. Tshiki, M.J. Lowe

The magistrate erred in imposing a condition that the suspended sentence should not run concurrently with any future sentence. Section 297 of the Criminal Procedure Act does not grant the sentencing court the authority to prescribe how a suspended sentence should be implemented in the future. The discretion to bring a suspended sentence into operation and to determine whether it should run concurrently with other sentences lies with the court that considers the matter at the relevant time. Imposing such a restriction fetters the discretion of future courts and is not justified by the statute…

Source excerpt

• Suspended Sentence
• Sentencing Discretion
• Criminal Procedure Act Section 297

S v Mokoena (186/2013)

S v Mokoena (186/2013) [2013] ZAFSHC 185 (28 November 2013)

Court

Free State High Court, Bloemfontein

Case number

186/2013

Judges

KRUGER, NAIDOO

On review, the High Court corrected a magistrate’s sentence that failed to attach an enforceable sanction to a compensation order in a fraud case.

• Fraud
• Compensation Order
• Sentencing
• Criminal Procedure Act Section 297
• Criminal Procedure Act Section 298
• Compensation-order

S v Khoza (61/0960/2009)

S v Khoza (61/0960/2009) [2010] ZAGPJHC 94; 2011 (1) SACR 482 (GSJ) (20 October 2010)

Court

South Gauteng High Court, Johannesburg

Case number

61/0960/2009

Judges

C. J. Claassen, R. Mokgoatlheng

High Court review of a theft conviction held that the compensation order was procedurally defective, but the conviction stood and sentence was set aside.

• Compensation Order
• Criminal Procedure Act Section 297
• Criminal Procedure Act Section 300
• Sentencing Review
• Theft
• Compensation-order

S v Brand (343/2010)

S v Brand (343/2010) [2010] ZAFSHC 71 (29 July 2010)

Court

Free State High Court, Bloemfontein

Case number

343/2010

Judges

Rampai, Jordaan

High Court review setting aside an irregular order that made a suspended sentence run concurrently with an already imposed sentence.

• Suspended Sentence Enforcement
• Concurrent Sentences
• Criminal Procedure Act Section 297
• Review Proceedings
• Suspended-sentences
• Concurrent-sentences

S v Makua (A183/09)

S v Makua (A183/09) [2009] ZAGPPHC 62 (6 March 2009)

Court

North Gauteng High Court, Pretoria

Case number

A183/09

Judges

Botha, CJ Eksteen

The High Court confirmed a conviction for assault with intent to do grievous bodily harm and substituted an imperfect sentence with a properly suspended one under section 297.

• Assault With Intent To Do Grievous Bodily Harm
• Suspended Sentence
• Community Service
• Criminal Procedure Act Section 297
• Criminal-law
• Suspended-sentence