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2015
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[2015] ZAGPPHC 994
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S v Thete (A556/15) [2015] ZAGPPHC 994 (18 August 2015)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
NOT
REPORTABLE
NOT
OF INTEREST TO OTHER JUDGES
DATE:
18/8/15
CASE
NUMBER: A556/15
High
Court Ref No.:
356/2015
Case
No.:
RH05/2013
In
the matter between:
THE
STATE
and
MUSA
THETE
SPECIAL
REVIEW JUDGMENT IN TERMS OF
SECTION 304(4)
OF THE
CRIMINAL PROCEDURE
ACT, 51 OF 1977
A.A.L
OUW J
[1]
On 10 July 2015 this case was sent for special review
by Ms E.M. Theron Aspirant Regional Magistrate
Thulamahashe.
[2]
The Honourable Magistrate states that she erroneously imposed a
sentenced of six (6) years imprisonment in terms of
section 276(1
)(i) of the CPA instead of five (5) years imprisonment.
[3]
She quite correctly sent this case for special review - see
section
276(1
)(i) of the CPA read with
section 73(7)(a)
and (b) of the
Correctional Services Act, 111 of 1998
.
[4]
The term of imprisonment therefore has to be altered to five (5)
years.
Order
1.
The term of six (6) years imprisonment is set aside.
2.
It is substituted with a term of imprisonment of five (5) years in
terms of
section 276(1)(i)
of Act 51 of 1977.
3.
The effective date of the sentence remains 2 June 2015
___________________
A.A.
LOUW
Judge
of the High Court
I
agree
__________________
D.S
MOLEFE
Judge
of the High Court