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South Africa: Free State High Court, Bloemfontein
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[2013] ZAFSHC 127
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S v Ramokhosi (115/2013) [2013] ZAFSHC 127 (11 July 2013)
FREE STATE HIGH
COURT, BLOEMFONTEIN
REPUBLIC OF SOUTH
AFRICA
Review No : 115/2013
In
the review between:
THE
STATE
versus
TSIETSI
RAMOKHOSI
_____________________________________________________
CORAM:
LEKALE, J
et
MHLAMBI,AJ
_____________________________________________________
JUDGMENT BY:
MHLAMBI,AJ
DELIVERED ON:
11 JULY 2013
_____________________________________________________
[1] This matter came
before us by way of special review in terms of
Section 304(4)
of the
Criminal Procedure Act, 51 of 1977
.
[2] On 31 January 2013
the accused was charged with and pleaded guilty to assault in the
Bloemfontein Magistrate’s Court and
was convicted accordingly.
The State, thereupon, asked the Court to apply the provisions of
Section 112(1)(a)
of Act 51 of 1977. The following sentence was
imposed:
“
Fined
R4000.00 (four thousand rand only) or undergo 2 (two) months
imprisonment wholly suspended for 5 (five) years on condition
that
the offender is not convicted of assault committed during the period
of suspension”
[3] The Magistrate, in
referring the matter for special review, said the following:
“
After the
imposition of the sentence I condede that the sentence imposed is
contrary to the provisions of Section 112(1)(a) Act
51 of 1977. The
determination of amounts for purposes of certain provisions of the
Criminal Gazette No. 36111 dated 30 January
2013 only came into
effect from 01 February 2013.”
[4] I agree with the
learned Magistrate and make the following orders:
The conviction is confirmed.
The sentence is set aside.
The record is remitted to the
Magistrate for the imposition of an appropriate sentence.
_____________
JJ MHLAMBI,AJ
I concur.
____________
LJ LEKALE, J
/spieterse