About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: North Gauteng High Court, Pretoria
SAFLII
>>
Databases
>>
South Africa: North Gauteng High Court, Pretoria
>>
2009
>>
[2009] ZAGPPHC 233
|
|
S v Baloyi (A453/09) [2009] ZAGPPHC 233 (1 June 2009)
NOT
REPORTABLE
IN THE HIGH COURT OF SOUTH AFRICA
(NORTH
GAUTENG HIGH COURT, PRETORIA)
Date:
1 June 2009
DATE:
27 May 2909
Case Number:A453/09
MAGISTRATE
RAMOKGOPA ;
Case
No: P542/07
Magistrate’s
serial no:
High
Court Ref No: 1753
THE STATE VS MABURAKA THOMAS BALOYI
REVIEW JUDGMENT
The
accused was found guilty of housebreaking with intent to trespass and
sentenced to two years' imprisonment The entire sentence
was
suspended for five years.
The
magistrate referred the matter for special review because it occurred
to him that he may have erred in convicting the accused
as he did. It
seems to me that the magistrate's doubts revolved round the reference
to the offence of trespass without any reference
to its statutory
basis.
The
state advocates, in their helpful memorandum, have demonstrated that
the accused was correctly found guilty but that the conviction
should
have contained a reference to section 1(i) of the Trespass Act. 1959
(Act 6 of 1959).
I
also agree that the sentence is appropriate.
The
following order is made:
1.
The conviction is confirmed as a conviction of housebreaking with the
intent to be on the premises broken into without permission
in
contravention of Section 1(1) of the Trespass Act, 1959 (Act 6 of
1959).
2.
The sentence is confirmed.
C
BOTHA .
JUDGE
OF THE HIGH COURT
I agree
N
RANCHOD
ACTING
JUDGE OF THE HIGH COURT