About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: North Gauteng High Court, Pretoria
SAFLII
>>
Databases
>>
South Africa: North Gauteng High Court, Pretoria
>>
2015
>>
[2015] ZAGPPHC 977
|
|
S v Mosia (A553/15) [2015] ZAGPPHC 977 (12 August 2015)
A
553/15 SG
IN THE
HIGH COURT OF SOUTH AFRICA
(NORTH
GAUTENG
HIGH C
OURT. PRETORIA)
DATE:
12/8/15
Magistrate
01/15
Case
No:
2398/13
High Court Ref No:
194/15
THE STATE V RATS
HOPOLANGA MOSIA
REVIEW
JUDGMENT
STRIJDOM
(AJ)
1. On 19 June 2014 a
failure to appear enquiry was held against the accused in the
Magistrate Court Middelburg.
2. The Court
a quo
did not accept the accused's explanation and found the accused
guilty on failing to appear in court on 17 October 2013.
3. Subsequently the
accused was sentenced to a fine of R2000-00 (Two Thousand Rand) or 12
(Twelve) month's imprisonment of which
half was suspended for two
years on certain conditions.
4. The accused was
taken to prison. He subsequently paid the Rl 000.00 (One Thousand
Rand) fine and was released.
5. This matter was
sent to this court by the presiding magistrate who requested that the
sentence be set aside and is amended as
follows: "R l 000.00 or
3 (Three) month's imprisonment.
6. In terms of
section
304
(4) of the
Criminal Procedure Act 51 of 1977
("the CPA")
this court is empowered to exercise its review powers if, after
sentence by a magistrates' court, it is brought
to its notice that
the proceedings in which the sentence was imposed were not in
accordance with justice.
7. In terms of
section
170
(2) of the
Criminal Procedure Act, a
court can impose a fine not
exceeding R300.00 (three hundred rand) or imprisonment of a period
not exceeding 3 (Three) months.
8. The Adjustment of
Fine's Act 101 of 1991 applies and the amount in terms of this Act
may exceed R5000-00. The Act however states
that the fine is
determined by the maximum imprisonment that can be imposed to it.
9. In term of the
Adjustment Act the court could have adjusted the amount of the fine
but not the period of imprisonment.
10. The following
order is made.
10.1
The sentence of R2000-00(Two Thousand Rand) or 12 (Twelve) months
imprisonment of which half was suspended for two years is
set aside
and substituted with a sentence of Rl 000-00 (One Thousand Rand) or 3
(Three) months imprisonment.
____________________
JJ
STRIJDOM ACTING
JUDG
OFTHE HIGH COURT
Iagree,
____________________
PM
MABUSE
JUDGE
OF THE HIGH COURT