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[2013] ZAFSHC 70
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S v Allen (114/2013) [2013] ZAFSHC 70 (16 May 2013)
FREE STATE HIGH
COURT, BLOEMFONTEIN
REPUBLIC OF SOUTH
AFRICA
Special Review No. :
114/2013
In
the review between:-
THE
STATE
versus
CHARLES
ALLEN
______________________________________________________
CORAM:
JORDAAN, J
et
FISCHER, AJ
______________________________________________________
JUDGMENT BY:
JORDAAN, J
______________________________________________________
DELIVERED ON:
16 MAY 2013
______________________________________________________
[1] This matter came
before us as a special review sent by the acting senior magistrate in
Welkom.
[2] The accused was
convicted of housebreaking with the intent to steal and theft and
sentenced by the trial court as follows:
“
12 Months
correctional supervision in terms of section 276(1)(h) of Act 51 of
1977 on the following conditions:
House Arrest
Community service of 16 hours per
month
Rehabilitation programmes such as
life skill, crime prevention and self control
Consultation”
[3] The reporting acting
senior magistrate remarks as follows:
“
I am
respectfully of the opinion that the sentence passed is vague and
ambiguous. It appears that the conditions under which the
accused was
sentenced was not clearly defined.”
He then refers to certain
relevant judgments in support of his contention.
[4] The senior magistrate
also mentions that the trial court disposed of the matter without a
presentence report in terms of section
71(1)(b) of the Child Justice
Act, Act 75 of 2008. Although such report was requested by the
magistrate, it was never done.
[5] The learned
magistrate then suggests that the sentence be set aside and the
matter referred back so that a proper sentence can
be imposed.
[6] I am in agreement
with the sentiments of the learned senior magistrate and accordingly
the following orders are made:
The conviction is
confirmed but the sentence is set aside and the matter is referred
back to the trial court to, after obtaining
a proper presentence
report, sentence the accused afresh.
_______________
A.F. JORDAAN, J
I
concur.
_______________
P.U. FISCHER, AJ
/spieterse