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[2016] ZAGPPHC 640
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S V Montshioa (A510/2016) [2016] ZAGPPHC 640 (29 July 2016)
IN THE HIGH COURT OF
SOUTH AFRICA GAUTENG DIVISION,
PRETORIA
HIGH
COURT REFERENCE NO.:
202/2016
MAGISTRATE'S
SERIAL NO.: RW03/2016
CASE NO.: RC19/2015
DATE:
29 JULY 2016
NOT
REPORTABLE
NOT
OF INTEREST TO OTHER JUDGES
REVISED
In
the matter between:
THE
STATE
and
ANDRIES
MONTSHIOA
R
E V I E
W J
U D G E M E N T
DE
VOS J:
[1]The
accused was convicted in the Regional Court, sitting at Christiana.
on a charge
of robbery
with aggravating circumstances. In terms of section 276( 1)(i) of Act
51 of 1977
the accused was sentenced
to eight (8) years imprisonment.
[2
] After
sentencing the accused. the Presiding Magistrate referred this matter
for a special review of the sentence imposed.
[3]
The :Vlagistrate requests that the sentence imposed be set aside as
the maximum sentence that can be imposed in tem1s of section
276(1 )(
i ) is five (5) years imprisonment. The imposed sentence was
consequently not in accordance with justice. The Deputy Director
of Public
Prosecutions supports the view of the Magistrate.
[4
]
I
have considered the Magistrate's request and agree that the sentence
imposed cannot stand and should be set aside.
I
THEREFORE MAKE THE FOLLOWING
ORDER:
1.
The sentence of eight (
8) years· imprisonment imposed in terms of section 276(1 )(i)
of
Act
51 of 1977 is set
aside in terms of section 304(2)( c)( ii) of the same Act.
2.
The
matter is referred back to the Presiding Magistrate in terms of
Section 304(2)(c)(v) of
Act
51 of 1977 for imposition of sentence afresh.
HJ
DE VOS
JUDGE OF THE GAUTENG
DIVISION
OF THE HIGH COURT OF
SOUTH AFRICA
VAN
DER WESTHUIZEN
ACTING
JU
DGE
OF THE GAUTENG DIV
ISION
OF
THE HIGH COURT OF SOUTH AFRICA