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[2010] ZAFSHC 70
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S v Mokotjo (336/2010) [2010] ZAFSHC 70 (29 July 2010)
FREE
STATE HIGH COURT, BLOEMFONTEIN
REPUBLIC
OF SOUTH AFRICA
Case
No. :
366/2010
In
the case between:-
THE
STATE
and
NKOPELENG
JOEL MOKOTJO
_______________________________________________________
CORAM:
CILLIé, J
et
JORDAAN,
J
_______________________________________________________
JUDGMENT
BY:
JORDAAN, J
_______________________________________________________
DELIVERED
ON:
29
JULY 2010
______________________________________________________
[1]
This
matter has been sent for special review by the additional magistrate
of Welkom. The accused was charged on count 1 with contravention
of
section 65(1)(a) of act 93 of 1996, driving under the influence of
liquor or drugs or alternatively contravention of section
65(2)(b) of
the same act, driving whilst the concentration of alcohol in his
blood sample exceeded the prescribed maximum, being
in actual fact
0,11 grams per 100 millilitres. On count 2 he was charged with
assault.
[2] The
accused was initially unrepresented and pleaded not guilty to all the
charges. Thereafter the matter was postponed to enable
the accused
to obtain legal representation which he did and when the case
resumed, the charge on count 2 was withdrawn and the
accused pleaded
guilty to the alternative on count 1, namely driving a vehicle whilst
the concentration of alcohol in his blood
exceeded the prescribed
maximum. At that stage the accused was represented by an attorney.
A statement in terms of section 112(2)
of the Criminal Procedure Act
was handed in, in which the accused admitted all the elements of the
alternative charge to count
1. He was then found guilty as charged
on that count and sentenced to a fine of R200,00 or alternatively
imprisonment for 20 days.
His drivers’ license was not
suspended nor endorsed.
[3] When completing the
charge sheet, form J175, the aforesaid magistrate erroneously
indicated that count 1 was withdrawn and that
the accused was found
guilty on count 2. In view of that the magistrate asks for
rectification of the said charge sheet.
[4] In view of the
aforesaid it is necessary that the record be rectified and for that
purpose:
In as far as the record
shows that the accused was convicted on count 2 and count 1 was
withdrawn, the conviction is set aside and
substituted with the
following:
Count 2 is withdrawn.
The
accused is convicted of the alternative charge to count 1,
contravention of section 65(2)(b) of Act 93 of 1996, driving a
motor
vehicle whilst the concentration of alcohol in his blood exceeded
the prescribed maximum.
The sentence is
confirmed.
___
____________
A
.
F. JORDAAN, J
I
concur.
____
_________
C. B. CILLIé, J
/E
B