S v Dichakane (450/2011) [2012] ZAFSHC 1 (5 January 2012)

30 Reportability
Criminal Procedure

Brief Summary

Criminal Procedure — Review of sentence — Request for correction of sentence — Magistrate's request to amend an erroneous sentence imposed — Original sentence set aside and replaced with a fine or alternative imprisonment — Conditions of suspension imposed. The magistrate of Dealesville requested a review to correct an erroneous sentence imposed on the accused, Segege Daniel Dichakane, for an assault charge. Whether the sentence imposed by the magistrate could be corrected in light of the request. The sentence was set aside and replaced with a fine of R600 or eight months' imprisonment, with half of the sentence suspended for three years on the condition that the accused is not convicted of assault with intent to do grievous bodily harm during the suspension period.

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[2012] ZAFSHC 1
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S v Dichakane (450/2011) [2012] ZAFSHC 1 (5 January 2012)

FREE STATE HIGH
COURT, BLOEMFONTEIN
REPUBLIC OF SOUTH
AFRICA
Review No.: 450/2011
In the review between:-
THE STATE
and
SEGEGE DANIEL
DICHAKANE
_____________________________________________________
JUDGMENT BY:
VAN DER MERWE, J
_____________________________________________________
DELIVERED ON:
5 JANUARY 2012
_____________________________________________________
[1]
This matter was brought to my attention by the magistrate of
Dealesville with the request to correct an error in the sentence

imposed on 22 February 2011. I am prepared to accede to the request.
[2]
In the result the sentence is set aside and replaced with a fine of
R600,00 or eight months imprisonment, half of which is suspended
for
three years on condition that the accused is not convicted of assault
with the intent to do grievous bodily harm committed
during the
period of suspension.
________________________
C.H.G. VAN DER MERWE,
J
/sp