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[2013] ZAFSHC 129
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S v Lewis du Plessis (75/2013) [2013] ZAFSHC 129 (11 July 2013)
FREE
STATE HIGH COURT. BLOEMFONTEIN
REPUBLIC OF SOUTH
AFRICA
Review
No : 75/2013
In
the review between:
THE
STATE
versus
HONEYBALL
LEWIS DU PLESSIS
CORAM:
LEKALE, J
et
MHLAMBI.AJ
JUDGMENT
BY:
MHLAMBI.AJ
DELIVERED
ON:
11
JULY
2013
[1]
This matter came before us by way of a special review.
[2]
The accused stood arraigned on a charge of assault to which he
pleaded guilty before the Magistrate’s Court at Bloemfontein.
Both the State and the defence requested the Court to apply the
provisions of Section 112(1 )(a) of Act 51 of 1977.
[3]
He was fined R3000.00 (three thousand rand only) or to undergo 3
(three) months imprisonment wholly suspended for 5 (five) years
on
condition that he is not convicted of assault committed during the
period of suspension.
[4]
The Magistrate conceded that the fine imposed was in excess of
R1500.00 ( one thousand five hundred rand) provided for by Section
112(1 )(a) of Act 51 of 1977.
[5]
I agree with the learned Magistrate and make the following orders:
1.
The conviction is confirmed.
2.
The sentence is set aside.
3.
The record is remitted to the Magistrate for the imposition of a
proper sentence.
JJ MHLAMBI,AJ
I
concur
LJ
LEKALE, J