Legal Theory and Foundations of Criminal Procedure Law Assignment

Assignment Task

Frikkie Ford is the owner and sole proprietor of Makhanda Motors, a local second- hand car dealership. He decided to employ his girlfriend, Suzuki Stander as a receptionist. Frikkie and Suzuki have a very volatile relationship, and Frikkie has, in the past, acted violently towards her. On Tuesday morning, the 21st of February 2023, Frikkie was enraged and accused Suzuki of not doing her job and leaching off of him. He then attacked her. He punched her in the face, and when she fell to the ground, he body-slammed her by picking her up and throwing her body to the ground. While Suzuki was on the ground, Frikkie kicked her in the ribs twice and told her to get back to work. He later apologised and said to her that she should not anger him when he is stressed – that she knows better and he still loves her. The dealership's security cameras recorded the whole incident.

Suzuki went to the Police station and made a complaint against him for assault with the intention to commit grievous bodily harm. Shortly thereafter, Frikkie was arrested, charged and held in custody until the bail hearing the next morning.

At the bail hearing, Frikkie was released on bail and a date was set for the trial.

On the day of the trial, Frikkie pleads guilty to the charge and was questioned in terms of section 112(1)(b) of the Criminal Procedure Act 51 of 1977 and convicted. The magistrate sentenced Frickie to 6 months imprisonment. The reasons provided for the sentence by the magistrate are that (1) Frikkie is a first-time offender, (2) the

complainant did not suffer any broken bones, (3) he is financially responsible for his retired mother, (4) he apologised to the complainant, and (5) he pleaded guilty.

In terms of s 302(1)(a)(i) of the Criminal Procedure Act 51 of 1977, this sentence of imprisonment is subject to automatic review as the presiding officer who imposed the sentence has only held the position of magistrate for two years at the time of the imposition of the sentence.

You are a high court judge and must prepare a judgment wherein you consider this review. Prepare a draft judgment in which you consider the appropriateness of the sentence imposed on Ford during the trial before the Magistrate's Court with reference to the relevant legal principles guiding sentencing. All the reasons for the judgment must be supported by authority. No new facts may be introduced to the scenario.

This Law has been solved by our PhD Experts at My Uni Paper.