Prisoner sentence reduced by 12 days

Tsaone Basimanebotlhe | Thursday February 13, 2014 21:10

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.

He said when considering issues of sentence, a court is not to be too restrictive against the defendant. Gaongalelwe said the court has to be guided by matters of substance as opposed to mere technicalities of how and when a defendant has raised an issue particularly if it is a matter which appears uncontroverted on the record. “Further in assessing sentence, the court has to show benevolence relative to the circumstances of the offence and the offender as opposed to taking a restrictive approach,” he explained.

He said the position of the law is that a court is not to impose a punishment, which is more severe than justice requires. Gaongalelwe said depriving an offender of the credit due to him without any legitimate cause is tantamount to inflicting further punishment than the one manifestly intended. Mangena was convicted by the senior magistrate at Mahalapye on a single count of stealing stock and sentenced to five years in prison. Court records show he had been remanded in prison custody from February 19, 2010 to March 3, 2010.