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South Africa decisions
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S v Phakathi (A155/15) [2015] ZAGPPHC 109 (5 March 2015)
On special review, the High Court set aside an irregular suspended sentence imposed under section 112(1)(a) and confirmed a fine of R500 or 30 days' imprisonment.
S v Pheko (20/2095/2014) [2014] ZAFSHC 209 (4 December 2014)
High Court review of a guilty plea conviction for assault: the conviction was confirmed, but the suspended prison sentence was set aside as incompetent.
S v Mokaping (132/2014(B)) [2014] ZAFSHC 138 (4 September 2014)
On special review, the High Court set aside a magistrate’s conviction and sentence after finding serious procedural irregularities and a breach of fair-trial rights.
S v Ramokhosi (115/2013) [2013] ZAFSHC 127 (11 July 2013)
The sentence imposed on the accused was contrary to Section 112(1)(a) of the Criminal Procedure Act, 51 of 1977, because the determination of amounts for sentencing purposes in the Criminal Gazette only became effective from 1 February 2013, whereas the sentence was imposed on 31 January 2013. The Magistrate correctly conceded the error, and the court confirmed the conviction but set aside the sentence, remitting the record for the imposition of an appropriate sentence in accordance with the law.
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