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South Africa: Free State High Court, Bloemfontein
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[2010] ZAFSHC 7
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S v Mofokeng [2010] ZAFSHC 7 (4 February 2010)
FREE
STATE HIGH COURT, BLOEMFONTEIN
REPUBLIC
OF SOUTH AFRICA
Review
Case
No. : 24/2010
In
the case between:-
THE
STATE
and
MESHACK
MOTLANE MOFOKENG
_______________________________________________________
CORAM:
HANCKE, J
et
KRUGER, J
_______________________________________________________
JUDGMENT
BY:
HANCKE, J
_______________________________________________________
DELIVERED
ON:
4
FEBRUARY 2010
______________________________________________________
[1]
The
accused was convicted of assault with intent to do grievous bodily
harm. Before sentencing, the magistrate seemed to be in
doubt of the
correctness of the conviction. He therefore sent the record of
proceedings on review in terms of
section 304A
of the
Criminal
Procedure Act, no 51 of 1977
with the request that the conviction be
set aside.
[2] The magistrate, in
his request, stated the following:
“
Although the Complainant
sustained serious injuries as noted on page 10 of the record, and
further that the Accused had indicated
that the weapon used is a very
dangerous and sharp instrument, Accused had been saying that he was
acting in self defence. After
the Accused was found guilty, the
court found that the matter needs to be send for review before
sentence.”
[3] It
appears from the record of the proceedings that the
one state witness, Me Mmamsi corroborated the accused’s version
that he acted in self-defence. The same applies to the defence
witness, Mr Zwene whose evidence was not rejected by the magistrate.
[4] Having regard to the
record of the proceedings and the totality of the evidence, I am of
the view that the magistrate’s
request is justified in the
circumstances.
[5] Accordingly, the
conviction is set aside.
___
______________
S.
P. B. HANCKE, J
I
agree.
______
_______
A.
KRUGER, J
/EM