The applicant was involved in a motor vehicle collision on 30 June 2006 on Garsfontein Road, Pretoria, while attempting to overtake another vehicle. His vehicle collided with an oncoming car, resulting in the deaths of two occupants. The deceased were found to be under the influence of alcohol. The applicant, aged 20 at the time and a first offender, was charged with two counts of culpable homicide and one count of reckless or negligent driving. He was convicted on all counts in the Pretoria Magistrate’s Court. On appeal, the High Court set aside the reckless driving conviction but increased the sentence on the culpable homicide counts without giving notice. Due to administrative failures, the applicant was never incarcerated and lived a crime-free, stable life for many years. Over a decade later, a warrant was issued for his arrest, prompting applications for condonation, special leave to appeal, and to adduce further evidence.
Condonation, special leave to appeal, and the application to adduce further evidence were granted. The appeal against sentence on counts 1 and 2 was upheld. The High Court’s sentence was set aside, and the matter was remitted to the magistrate to impose sentence afresh after obtaining a probation officer and/or correctional services report in terms of s 276A(1)(a) of the Criminal Procedure Act.
The case reaffirms that appellate courts may consider post-sentencing developments as new evidence in exceptional circumstances under s 316(5) of the Criminal Procedure Act. It underscores the requirement that an accused must be given notice before an appellate court increases a sentence, and highlights the appropriateness of correctional supervision for culpable homicide in suitable cases, particularly where long delays and rehabilitation render imprisonment unjust.