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[2016] ZAFSHC 20
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S v Williams (241/2015) [2016] ZAFSHC 20 (4 February 2016)
IN THE HIGH COURT OF SOUTH AFRICA
FREE
STATE DIVISION, BLOEMFONTEIN
Case
Nr. : 241/2015
In
the matter between:-
THE
STATE
Plaintiff
And
GIDEON
WILLIAMS
Defendant
CORAM:
MOLOI, J et DAFFUE, J
DELIVERED
ON:
04 FEBRUARY 2016
REVIEW
JUDGMENT
MOLOI,
J
[1]
This is a special review in terms of
section 304(4)
of the
Criminal
Procedure Act No 51 of 1977
, as amended.
(the
CPA)
[2]
The accused pleaded guilty to a charge of assault with intent to do
grievous bodily harm before the magistrate’s court.
The plea of
guilty was a result of a Plea and Sentence agreement in terms of
section 105A
of the CPA duly agreed to. In terms of the Plea and
Sentence Agreement the accused was fined R2000-00 (Two Thousand Rand)
or 5
(Five) years imprisonment. The accused was also ordered to pay
the complainant an amount of Thirty Thousand Rand
(R30 000-00) in lieu of compensation in terms of
section 300
of
the CPA which amount was to be paid in monthly instalments of Two
Thousand Rand (R2000-00) per month with effect from September
2015.
[3]
The matter was referred to me as the Five (5) years imprisonment,
though suspended in part for five (5) years exceeded the jurisdiction
of the magistrate court. A further concern was whether compensation
under the provisions of
section 300
of the CPA can be ordered to be
paid in instalments. An enquiry was referred to the magistrate as to
which provision prevented
payment in instalments of the compensation
under
section 300
of the CPA. The magistrate correctly pointed out
that in terms of
section 300(3)(a)
of the CPA an award thus made
under the provisions of
section 300
of the CPA had the effect of a
civil judgment.
[4]
Section 92(1)(b) of the Magistrates Court Act, No 32 of 1944, as
amended provides that jurisdiction of the magistrates court
is
limited to a fine of R120 000-00 (One Hundred and Twenty
thousand Rand or imprisonment for a period not exceeding Three
(3)
years. It is clear that the sentence of five (5) years imprisonment
imposed although suspended in part is not according to
the law. The
compensation ordered to be paid in monthly instalments is permissible
since in civil judgments payment by instalments
is normal and happens
frequently.
[5]
I was requested to confirm the conviction and impose an appropriate
sentence. The accused was a 64 year old male, married with
two young
children aged 8 and 4 years respectively. He had passed grade 8 at
school and was a first offender. The accused showed
remorse for his
action hence the plea and sentence agreement. The complainant was
however seriously injured.
[6]
I accordingly order as follows:
6.1
The conviction on a charge of Assault with intent to do grievous
bodily harm is confirmed.
6.2 The sentence of the magistrate
court is set aside and replaced with the following:
The
accused is ordered to pay a fine of Two Thousand Rand (R2000-00) or
undergo imprisonment for a period of Two (2) years. Half
of the above
sentence is suspended for a period of Five (5) years on condition
that the accused is not convicted of assault with
intent to cause
grievous bodily harm or assault committed during the period of
suspension.
6.3 In terms of
section 103
of the
Firearms Control Act No 60 of 2000
the accused is declared unfit to
possess a firearm.
6.4
The order relating to payment of compensation in terms of
section 300
of the
Criminal Procedure Act No 51 of 1977
is confirmed
6.5 This order is deemed to have been
made on 8 September 2015.
_______________
K.J MOLOI, J
I
concur.
________________
J. DAFFUE, J