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[2009] ZAGPPHC 239
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S v Manganyi (A250/09) [2009] ZAGPPHC 239 (31 March 2009)
NOT
REPORTABLE
IN
THE HIGH COURT OF SOUTH AFRICA
(NORTH
AND SOUTH GAUTENG DIVISION)
Magistrate
Serial No: 25/2008
CASE
No: HL 506/08
High
Court Reference No: 154
CASE
NO.:A250/09
DATE:31/03/2009
THE
STATE
VS
MKHACANI
JOHN MANGANYI
REVIEW
JUDGMENT
SAPIRE,
AJ
The
accused was convicted in the Magistrate’s Court Hlanganani of
assault with intent to do grievous bodily harm and sentenced
to 3
(three) years imprisonment of which 1 (one) year was suspended
conditionally for 3 (three) years.
The
matter came before me on review and in view of my perception I wrote
to the Deputy Public Prosecution as follows:
“
The
sentence in this case troubles me. He is a man of 51 years who has no
previous convictions.
The
assault has to be seen in the light of the domestic violence and the
abuse of woman. This is true but is a jail sentence appropriate?
Is
it not possible to avoid putting mature first offenders into jail? ”
I
have received a reply to my query from C Pruis, state advocate, and G
D Baloyi, Deputy Director of Public Prosecutions. Both agree
that the
sentence should be altered.
C
Pruis is of the view that the sentence should be set aside and
altered to one of 12(twelve) months imprisonment in terms of Section
276(l)(i) of the Criminal Procedure Act, Act 51 of 1977.
The
Deputy Director of Public Prosecutions, Mr Baloyi, is of the opinion
that the sentence ought to be set aside and the matter
referred back
to the magistrate with the order that a probation officer’s
report be obtained and that the accused be sentenced
afresh after
consideration of the probation officer’s report. This is a
course which may have merit but bearing in mind that
the accused has
already being in jail for some time it seems to me that the time
involved is not justified.
Justice
will be satisfied in this case if the sentence is reduced. If 2 (two)
years of the sentence are suspended on the same conditions
as those
imposed by the magistrate.
Accordingly
the sentence of the magistrate is set aside and the following
substituted
u3
(three) years imprisonment of which 24 (twenty four) months is
suspended for a period of 3 (three) years on condition that the
accused is not again convicted of the crime of assault to do grievous
bodily harm committed within the period of suspension. "
SIGNED
AT PRETORIA ON THIS 17th DAY OF MARCH 2009
ACTING
JUDGE SAPIRE
HIGH
COURT, PRETORIA
I
AGREE:
JUDGE
W R C PRINSLOO
HIGH
COURT, PRETORIA