S v Molwantoa (56/2002)
S v Molwantoa (56/2002) [2002] ZANWHC 29 (18 July 2002)
The magistrate imposed a fine of R6000 or 12 months imprisonment, half suspended, on an accused who was unemployed or earning R600 per month. The magistrate assumed the accused's relatives would assist in paying the fine, but made no inquiry to confirm this. The fine was far beyond the accused's means, and the accused was unable to pay, resulting in imprisonment. The court held that sentencing discretion must be exercised judicially, and a fine should not be imposed without proper inquiry into the accused's ability to pay. Imposing a fine beyond the accused's means, especially without inquiry…
Source excerpt
- Sentencing Discretion
- Assault With Intent To Do Grievous Bodily Harm
- Means To Pay Fine
- Alternative Imprisonment
- Judicial Exercise Of Discretion