South Africa Case Law

S v Msibi (A436/16)

S v Msibi (A436/16) [2016] ZAGPPHC 503 (30 June 2016)

Court

North Gauteng High Court, Pretoria

Case number

A436/16

Judges

Maumela, Mothle

The sentence imposed by the magistrates' court exceeded both the maximum period of imprisonment and the maximum fine permitted under section 112(1)(a) of the Criminal Procedure Act at the time of the offence. The statutory maximum was 3 months imprisonment or a fine of R1,500. The subsequent increase to 6 months and R5,000 did not apply retroactively. The conviction was lawful, but the sentence was not. Therefore, the sentence must be set aside and substituted with a sentence compliant with the law as it stood at the time of the offence.

Source excerpt

• Criminal Procedure Act Section 112
• Sentencing Powers Of Magistrate
• Theft
• Review Of Sentence

S v Rabbi (148/2014)

S v Rabbi (148/2014) [2014] ZAFSHC 243 (18 December 2014)

Court

Free State High Court, Bloemfontein

Case number

148/2014

Judge

C.J. Musi

On special review, the High Court confirmed the conviction but corrected an unlawful sentence that exceeded the statutory maximum for the offence.

• Immigration Act Offence
• Sentencing Powers Of Magistrate
• Alternative Imprisonment
• Summary Trial Procedure
• Criminal-procedure
• Sentencing

S v Chose (A132/2012)

S v Chose (A132/2012) [2012] ZAGPPHC 26 (2 March 2012)

Court

North Gauteng High Court, Pretoria

Case number

A132/2012

Judges

M Legodi, N Ranchod

On automatic review, the High Court confirmed a theft conviction but set aside an incompetent sentence that exceeded the statutory fine limit under section 112.

• Criminal Procedure Act Section 112
• Sentencing Powers Of Magistrate
• Competency Of Sentence
• Criminal-procedure-act-section-112
• Sentencing
• Guilty-plea

S v Mngomezulu (C 746/09)

S v Mngomezulu (C 746/09) [2010] ZAGPPHC 585 (11 February 2010)

Court

North Gauteng High Court, Pretoria

Case number

C 746/09

Judges

TJ Raulinga, P Ebersohn

The High Court reviewed a magistrate’s sentence, setting it aside because the magistrate exceeded her sentencing powers and made a firearm-unfitness order without the required enquiry.

• Sentencing Powers Of Magistrate
• Firearm Possession Disqualification
• Section 112 Plea Procedure
• Sentencing-powers
• Magistrates-court-review
• Firearm-possession-disqualification

S v Daribo

S v Daribo [2009] ZAFSHC 60 (21 May 2009)

Court

Free State High Court, Bloemfontein

Case number

285/2009

Judges

A.F. Jordaan, C.H.G. van der Merwe

On review after a guilty plea, the High Court confirmed the conviction but set aside a sentence that included a suspended term of imprisonment as impermissible under section 112(1)(a).

• Refugees Act Offence
• Section 112 1 A Procedure
• Sentencing Powers Of Magistrate
• Suspended Sentence
• Review Procedure
• Criminal-law

S v Ramaketekete (54/2009)

S v Ramaketekete (54/2009) [2009] ZAFSHC 13 (12 February 2009)

Court

Free State High Court, Bloemfontein

Case number

54/2009

Judges

K.J. Moloi, M.B. Molemela

High Court review of a guilty plea sentence under section 112(1)(a) of the CPA. The court confirmed the conviction but replaced an incompetent suspended prison term with a fine or suspended imprisonment.

• Immigration Act Offence
• Sentencing Powers Of Magistrate
• Competent Sentence
• Review Procedure
• Criminal-law
• Sentencing

S v Matiea (1765/2004)

S v Matiea (1765/2004) [2004] ZAFSHC 104 (11 November 2004)

Court

Free State High Court, Bloemfontein

Case number

1765/2004

Judges

C.H.G. Van der Merwe, G.F Wright

On special review, the High Court held that the magistrate’s suspended imprisonment sentence under section 112(1)(a) was incompetent and substituted a lesser suspended sentence.

• Criminal Procedure Act Section 112
• Sentencing Powers Of Magistrate
• Assault
• Suspended Sentence
• Criminal-procedure
• Sentencing

S v Mokotedi (174/04)

S v Mokotedi (174/04) [2004] ZANWHC 30 (4 November 2004)

Court

North West High Court, Mafikeng

Case number

174/04

Judges

R D Mokgoatlheng, A A Landman

The magistrate imposed a sentence of R3000.00 or four months imprisonment for failure to appear in court, which exceeds the statutory maximum of R300.00 or three months imprisonment as provided by sections 72(4) and 170(2) of the Criminal Procedure Act 51 of 1977. The magistrate conceded the error. The conviction is confirmed, but the sentence is set aside and substituted with the competent sentence. The accused was ordered to be released forthwith as he was unlawfully incarcerated.

Source excerpt

• Failure To Appear
• Sentencing Powers Of Magistrate
• Review Proceedings