South Africa Case Law

S v Okankwa (A278/2016)

S v Okankwa (A278/2016) [2016] ZAGPPHC 324 (26 April 2016)

Court

North Gauteng High Court, Pretoria

Case number

A278/2016

Judges

M.P Canca, A. Ledwaba

The court found that the accused was improperly convicted on two separate counts for possession of cannabis and methcathinone, as both substances are listed in the same schedule and possession at the same time constitutes a single offence. The sentence imposed by the Magistrate was partially irregular, specifically the compensation order under Section 300(1) of the Criminal Procedure Act, as there was no evidence of damage or loss to any person and no application for compensation was made. The court amended the conviction to a single count and substituted the sentence to five years imprisonme…

Source excerpt

• Improper Splitting Of Charges
• Possession Of Drugs
• Sentence Amendment
• Section 300 Order
• Firearm Disqualification

Barker v S (35/2015)

Barker v S (35/2015) [2015] ZANCHC 42 (27 November 2015)

Court

Northern Cape High Court, Kimberley

Case number

35/2015

Judges

C J Olivier, B M Pakati

The court held that the suspension condition of the sentence was defective because it did not restrict the condition to offences committed during the period of suspension. Furthermore, the sentence should have been structured as a fine with imprisonment as an alternative, in accordance with Section 287(1) of the Criminal Procedure Act. The convictions were found to be in accordance with justice, and the only amendment required was to the formulation of the sentence to ensure legal compliance and clarity.

Source excerpt

• Assault
• Assault With Intent To Cause Grievous Bodily Harm
• Suspended Sentence
• Sentence Amendment
• Criminal Procedure Act

S v Shau (97/2013)

S v Shau (97/2013) [2013] ZAFSHC 98 (27 June 2013)

Court

Free State High Court, Bloemfontein

Case number

97/2013

Judges

P. Zietsman, Kruger

The court found that the magistrate erred by referencing section 300 of the Criminal Procedure Act, 51 of 1977, when imposing a compensation order as a condition of suspension. The correct statutory provision for such an order is section 297(1)(a)(i)(aa), which allows for compensation to be paid as a condition of a suspended sentence. The review court agreed with the regional magistrate's request and amended the sentence accordingly, ensuring that the compensation order was properly grounded in law and enforceable under the correct section.

Source excerpt

• Compensation Order
• Sentence Amendment
• Criminal Procedure Act
• Review Proceedings

S v Ndlovu (483/02)

S v Ndlovu (483/02) [2008] ZAGPHC 117 (19 March 2008)

Court

High Courts - Gauteng

Case number

483/02

Judges

H Saldulker, P A Meyer

High Court review of guilty pleas and sentence in theft and immigration charges; convictions were confirmed and the suspended sentence wording was amended.

• Guilty Plea Procedure
• Sentence Amendment
• Theft
• Immigration Offence
• Guilty-pleas
• Sentence-amendment