Prisoner sentence reduced by 12 days

Justice Monametsi Gaongalelwe said although the period involved was only 12 days, it is a golden opportunity and not a triviality for a prisoner to get such credit. “The appeal against sentence accordingly succeeds to the extent that there shall be deducted 12 days from his prison sentence,” he said when delivering the judgement in a three-man bench that also consisted of  Judge President Ian Kirby and Lord Arthur Hamilton.

Gaongalelwe said a refusal of the argument by the High Court judge in the circumstances amounted to confirming a prison sentence which was clearly wrong as no grounds had been given by the trial magistrate for not backdating the sentence.