S v Mantantana
| Jurisdiction | South Africa |
| Judge | Davies AJ |
| Judgment Date | 14 August 1990 |
| Hearing Date | 14 August 1990 |
| Court | Transkei High Court |
Davies AJ:
The accused was convicted of the theft of crushed stone from a commercial quarry and was sentenced to a fine of R500 or six months' imprisonment.
I directed a query to the magistrate as to whether a partially suspended sentence was not called for and as to whether, in any event, E the alternative sentence of imprisonment was not excessive and disproportionate to the fine (see S v Juta 1988 (4) SA 926 (Tk)). The magistrate concedes the validity of the latter point but otherwise defends the sentence. I am satisfied, having regard to the magistrate's reasoning, that he exercised his discretion properly in deciding not to suspend any portion of the sentence.
Since Juta's case supra was decided, the law has been amended to F provide for automatic review only when a sentence exceeds a fine of R500 (formerly it was R250) or imprisonment in excess of three months. This prompts me to suggest that unless there are other circumstances justifying...
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S v Mapukata
...F (Paragraph [6] at 227b.) Annotations: Cases cited Reported cases S v Juta 1988 (4) SA 926 (Tk): referred to S v Mantantana 1991 (1) SACR 528 (Tk): referred to G S v Mbuzwana 1990 (1) SACR 663 (E): referred Legislation cited Statutes The Drugs and Drug Trafficking Act 140 of 1992, s 5(b): ......
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S v Mapukata
...the C accused for the crime which he/she has committed. In this regard see the cases of S v Juta 1988 (4) SA 926 (Tk); S v Mantantana 1991 (1) SACR 528 (Tk); and S v Mbuzwana 1990 (1) SACR 663 (E). When that does happen, the sentencing court would have strayed from applying the guiding prin......
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S v Mapukata
...F (Paragraph [6] at 227b.) Annotations: Cases cited Reported cases S v Juta 1988 (4) SA 926 (Tk): referred to S v Mantantana 1991 (1) SACR 528 (Tk): referred to G S v Mbuzwana 1990 (1) SACR 663 (E): referred Legislation cited Statutes The Drugs and Drug Trafficking Act 140 of 1992, s 5(b): ......
-
S v Mapukata
...the C accused for the crime which he/she has committed. In this regard see the cases of S v Juta 1988 (4) SA 926 (Tk); S v Mantantana 1991 (1) SACR 528 (Tk); and S v Mbuzwana 1990 (1) SACR 663 (E). When that does happen, the sentencing court would have strayed from applying the guiding prin......
-
S v Mapukata
...F (Paragraph [6] at 227b.) Annotations: Cases cited Reported cases S v Juta 1988 (4) SA 926 (Tk): referred to S v Mantantana 1991 (1) SACR 528 (Tk): referred to G S v Mbuzwana 1990 (1) SACR 663 (E): referred Legislation cited Statutes The Drugs and Drug Trafficking Act 140 of 1992, s 5(b): ......
-
S v Mapukata
...the C accused for the crime which he/she has committed. In this regard see the cases of S v Juta 1988 (4) SA 926 (Tk); S v Mantantana 1991 (1) SACR 528 (Tk); and S v Mbuzwana 1990 (1) SACR 663 (E). When that does happen, the sentencing court would have strayed from applying the guiding prin......