S v Mxanda (CA&R 68/24)
S v Mxanda (CA&R 68/24) [2025] ZANCHC 38 (6 May 2025)
The magistrate's order imposing imprisonment in default of payment of compensation under section 300 of the Criminal Procedure Act was incompetent. Section 300 compensation orders are civil in nature and cannot be enforced by criminal sanction. The court set aside the original sentence and substituted it with a compensatory order requiring the accused to pay R400.00 to the complainant for damages caused by her unlawful and intentional damage to window panes. No date for payment or alternative imprisonment was imposed, in line with the requirements of section 300.
Source excerpt
- Malicious Injury To Property
- Compensation Order
- Section 300 Cpa
- Section 112 1 A Cpa
- Sentence Review