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South Africa: North Gauteng High Court, Pretoria
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2015
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[2015] ZAGPPHC 296
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S v Mothabeng (A299/2015) [2015] ZAGPPHC 296 (12 May 2015)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
DATE: 12 May 2015
CASE NUMEBR:
A299/2015
HIGHCOURTREF.NO.
: 121/2015
MAGISTRATE’S
SERIAL NO : 1/2015
CASE NUMBER :
325/2014
IN THE MATTER
BETWEEN:
THE STATE
AND
DIKHETO MOTHABENG
REVIEW JUDGMENT
TOLMAY. J:
[1] This matter came
before me by way of review.
[2] The accused was
charged with possession of dagga. The accused, who chose to represent
himself pleaded guilty as charged and
after being questioned by the
presiding magistrate a plea of not guilty was entered. After evidence
was led the accused was found
guilty as charged. He was sentenced to
R4 000-00 or 4 months’ imprisonment of which R2 000-00 or 2
months’ imprisonment
was suspended for 5 years on condition
that he not be convicted of section 4 B of Act 140 of 1992 committed
during the period of
suspension.
[3] The learned
magistrate found him guilty of possession of 5.765 kg of dagga whilst
the evidence indicated that the correct weight
was 5.67 kg.
[4] The reviewing
judge Thobane AJ, drew the learned magistrate’s attention to
this error and the learned magistrate conceded
that the conviction
should be altered to read:
“
Guilty
of contravention of section 4(b) of Act 140 of 1992 - possession of
5.67 kg of dagga”.
[5] It is clear that
the error was a mere typographical error and should be rectified.
[6] Consequently I
make the following order:
The conviction is
set aside and amended to read:
“
The
accused is found guilty of contravention of section 4(b) of Act 140
of 1992 - possession of 5.67 kg of dagga”.
[7] The sentence is
confirmed.
R G TOLMAY
JUDGE OF THE HIGH
COURT
I agree
C PRETORlUS
JUDGE OF THE HIGH
COURT