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South Africa: North Gauteng High Court, Pretoria
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[2009] ZAGPPHC 62
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S v Makua (A183/09) [2009] ZAGPPHC 62 (6 March 2009)
IN
THE HIGH COURT OF SOUTH AFRICA
(
NORTH
GAUTENG PROVINCIAL DIVISION)
DATE:
6
March
2009
MAGISTRATE
MIDDELBURG
Case
No: 1893/2008
Magistrate's
serial no: 33/08
High
Court Ref No: 22
THE
STATE VS SIMON MAKUA
REVIEW
JUDGMENT
BOTHA
J:
This is a
special review. The accused
was
convicted
of assault
with
intent
to
do grievous bodily harm.
The accused
pleaded
guilty
and
he was found guilty on the basis of a written plea explanation
submitted
by
his
attorney.
The
accused
was
sentenced
to
six
months' imprisonment'but
it
was
ordered
that
he be released on condition
that
he perform
community
service
under
the supervision of a correctional officer.
The
magistrate
sent the matter on special review asking that the sentence be
replaced by a sentence of six months' imprisonment suspended
on the
conditions set out in the sentence.
The
magistrate clearly intended to impose a suspended sentence, but his
formulation did not quite achieve that effect.
I shall
substitute a sentence as suggested in the memorandum of the state
advocates.
The
following order is made:
1. The
conviction is confirmed.
2. The
sentence imposed by the magistrate is set aside and the following
sentence is substituted for it:
"In
terms
of section 297(1
(b)
of
the Criminal Procedure Act, 1977 (Act 51 of 1977) the accused is
sentenced to
6
(six)
months imprisonment
in
whole
suspended for a period of 3 (three) years on
condition
that (i)
the
accused perform 16 (sixteen) hours of community service, without
remuneration
and
outside
the
prison,
for
a
period
of
6 (six) months under the supervision
of
Correctional
Services.
Such
community service
to
consist
of cleaning and/
or
gardening,
to
be
rendered at Laersdrift Police Station on Thursdays between 08:00 and
16:00; (ii) the accused must attend
and
complete
a conflict management program and
an
anger
management
program
and
a
relationship
program
and a
HIV/AIDS
program;
(iii) the
accused
must
report
to
the
Correctional Officer
at
Belfast
on
21
November
2008
at
08:00;
(iv)
the
accused may not
change
his residential
address
without prior notification
to
Commissioner
of Correctional Services".
C
BOTHA
JUDGE
OF THE HIGH COURT
I
agree
C.J
EKSTEEN
ACTING
JUDGE OF THE HIGH COURT