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[2011] ZAFSHC 94
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S v Mohapi (58/2011) [2011] ZAFSHC 94 (14 April 2011)
FREE STATE HIGH
COURT, BLOEMFONTEIN
REPUBLIC OF SOUTH
AFRICA
Review No:
58/2011
In the matters between:
THE STATE
and
LERATO ALINA MOHAPI
_____________________________________________________
JUDGMENT BY
:
KRUGER, J
_____________________________________________________
DELIVERED ON
:
14 APRIL 2011
[1] This is a review
under section 302 of Act 51 of 1977. The accused was on 6 December
2010 convicted on her plea of guilty of
assault with intent to do
grievous bodily harm in the magistrates’ court at Zastron and
sentenced to 9 months’ imprisonment,
wholly suspended and
further given a fine of R1 500,00 or 3 months’ imprisonment.
The J4 does not indicate whether the fine
was paid. The review was
only received by the registrar on 9 February 2011 as a result of the
fact that the transcribed record
was only received from the recording
company on 28 February 2011.
[2] In answer to
questions under section 112(1)(b) by the magistrate the accused said
that she and the complainant were fighting
and that she did not
intend to injure the complainant. Jordaan J asked the magistrate
whether the accused admitted all the elements
of the offence. The
magistrate agrees that a plea of not guilty in terms of section 113
of Act 51 of 1977 should have been recorded.
[3]
The following
order is made
:
In terms of section 312
of Act 51 of 1977 the conviction and sentence are set aside and the
magistrate is directed to record a plea
of not guilty as contemplated
in section 113 of Act 51 of 1977.
____________
A. KRUGER, J
/EB