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[2012] ZAGPPHC 26
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S v Chose (A132/2012) [2012] ZAGPPHC 26 (2 March 2012)
IN
THE NORTH GAUTENG HIGH COURT,
PRETORIA
Case
no: A132/2012
Date
delivered: 02/03/2012
TO:
MAGISTRATE: BLOEMHOF
High
court ref no. 1350
Magistrate
serial no. 06/2011
Case
no.A 338/2011
In
the review matter:
STATE
v PIET CHOSE
REVIEW
JUDGMENT
LEGODI
J,
This
matter was laid before me on automatic review, the accused was
arraigned in the Bloemhof Magistrate's Court on a charge of
theft.
He
pleaded guilty to the charge and was found guilty as charged without
being questioned in terms of section 112 of the Criminal
Procedure
Act. He was then sentenced to R2000.00 or 12 months imprisonment.
Section
112 (1) (a) (i) provides that where an accused at a summary trial in
any court pleads guilty to the offence charged, or
to an offence of
which he may be convicted on another charge, and the prosecutor
accepts that plea, the Magistrate may, if he or
she is of the opinion
that the offence does not merit punishment of imprisonment or any
other form of detention without an option
of fine or of a fine
exceeding the amount determined by the Minister from time to time by
notice in the Gazette convict the accused
in respect of the offence
to which he or she has pleaded guilty and impose any competent
sentence, other than imprisonment or any
other form of detention
without the option of a fine or a fine exceeding the amount
determined by the Minister from time to time
by notice in the
Gazette.
I
raised the issue with the Director of Public Prosecutions as to
whether the sentence imposed was competent. The amount determined
in
the Gazette is R1500.00 and therefore the imposition of a sentence
with the alternative fine of R2000.00 was incompetent and
it ought to
be set aside.There is nothing wrong with the conviction as the
Prosecutor accepted the accused's plea as envisaged
in section 112(1)
(a).
I
would therefore make the order as follows:
1.
The conviction is confirmed.
2.
The sentence of R2000.00 or 12 months imprisonment is set aside.
3.
The matter is remitted to the Magistrate to impose sentence afresh.
M
LEGODI
JUDGE
OF THE HIGH COURT
I
AGREE, IT IS SO ORDERED
N
RANCHOD J
JUDGE
OF THE HIGH COURT