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[2014] ZAFSHC 234
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S v Smith (227/2014) [2014] ZAFSHC 234 (4 December 2014)
FREE
STATE
HIGH COURT,
BLOEMFONTEIN
REPUBLIC
OF SOUTH AFRICA
Review
No. : 227/2014
In
the review between:-
THE
STATE
versus
RODNEY
SMITH
CORAM:
JORDAAN, J et LEKALE, J
JUDGMENT
BY:
JORDAAN, J
DELIVERED
ON:
04 DECEMBER 2014
JORDAAN,
J
[1]
This matter was sent for special review in terms of the Criminal
Procedure Act Section 304(4), by the acting Senior Magistrate
of
Bloemfontein.
[2]
It appears that the accused was charged with theft to which he
pleaded guilty. On the strength of his plea of guilty he was
convicted in terms of section 112(1)(a) of the Criminal Procedure
Act.
[3]
He was however sentenced to three months imprisonment after which an
enquiry in terms of the Firearms Control Act was done.
[4]
It is clear that a conviction in terms of section 112(1)(a) of the
act can only be done when the presiding official is of opinion
that
the offence does not merit a punishment of imprisonment or any form
of detention without an option of a fine. The sentence
is therefore
clearly wrong and not in accordance with justice.
[5]
The control Magistrate for Bloemfontein, in view of the aforesaid,
suggested that the sentence be set aside and the matter remitted
to
the trial court for the imposition of an appropriate sentence. That
is clearly correct.
[6]
In the circumstances I make the following order.
ORDER:
1.
In conclusion the conviction is confirmed
but the sentence imposed by the trial court is set aside and the
matter is remitted to
the trial court for the imposition of sentence
in accordance with this judgment.
__________________
A.F
JORDAAN. J
I
concur.
________________
L.J
LEKALE. J