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2016
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[2016] ZAGPPHC 520
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S v Mvandaba and Others (158/16, A289/2016) [2016] ZAGPPHC 520 (11 May 2016)
IN
THE HIGH COURT OF SOUTH AFRICA
(GAUTENG
DIVISION, PRETORIA)
Review
Case Number: 158/16
CASE
NO: A289/2016
DATE:
1 MAY 2016
In the matter
between:
THE STATE
AND
ZONKE MVANDABA &
2 OTHERS
REVIEW
JUDGMENT
The accused in this
special review were handed the following sentence by the presiding
Magistrate after a plea of guilty as charged:
“Accused 2 and
3 fined R 2000 (two thousand rand) or 6 (six) months imprisonment, of
which 3 (three) months is suspended for
a period of 3 (three) years
on condition accused 2 and 3 are not convicted of possession of any
unwrought precious metals within
the period of suspension. In terms
of Section 103 (2) of Act 60 of 2000 accused 2 and 3 are not declared
unfit to possess a firearm.”
The Magistrate sent
this on special review as the sentence clearly did not reflect his
intention to impose a sentence that would
act as a deterrent. The
correct sentence imposed was:
“Accused 2 and
3 are fined R 2000 (two thousand rand) or 3 (three) months
imprisonment and a further 3 (three) months imprisonment,
suspended
for a period of 3 (three) years on condition accused 2 and 3 are not
convicted of possession of any unwrought precious
metals within the
period of suspension. In terms of Section 103 (2) of Act 60 of 2000
accused 2 and 3 not declared unfit to possess
a firearm.”
I agree with the
Magistrate’s reasoning. The sentence imposed was clearly an
error. The substituted sentence reflects his
intention and is
accordingly imposed in place of the sentence actually handed down.
JUDGE H.J
FABRICIUS
JUDGE OF THE HIGH
COURT GAUTENG DIVISION PRETORIA
And
JUDGE D. S.
FOURIE
JUDGE OF THE HIGH
COURT GAUTENG DIVISION PRETORIA