South Africa: Free State High Court, Bloemfontein

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S v Motaung (426/08) [2008] ZAFSHC 106 (7 August 2008)

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IN THE HIGH COURT OF SOUTH AFRICA

(ORANGE FREE STATE PROVINCIAL DIVISION)

Review No.: 426/08


In the review between:


THE STATE

and


PITSO MOTAUNG

_____________________________________________________


CORAM: EBRAHIM, J et VAN DER MERWE, J



JUDGEMENT: EBRAHIM, J

_____________________________________________________


DELIVERED ON: 7 AUGUST 2008

_____________________________________________________


[1] This is a special review in terms of section 304(4) of the Criminal Procedure Act 51 of 1977.


[2] The presiding officer, an acting magistrate, convicted the accused of assault on his plea of guilty in terms of section 112(1)(a) of the Criminal Procedure Act and sentenced him to 30 (thirty) days imprisonment which he then wholly suspended for three years on certain conditions. The sentence is improper in view of the fact that the conviction followed upon a mere guilty plea.

[3] As the proceedings were not conducted in accordance with justice I order that the sentence be set aside and substituted with the following sentence:

A fine of R100,00 or 10 (ten) days imprisonment wholly suspended for 12 (twelve) months on condition that the accused is not convicted of the crime of assault committed during the period of suspension.



_____________

S. EBRAHIM, J



I concur.





________________________

C.H.G. VAN DER MERWE, J


/sp

2008/08/01 12:36 PM