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2009
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[2009] ZAGPPHC 253
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S v Matyana (A446/2009) [2009] ZAGPPHC 253 (1 June 2009)
NOT REPORTABLE
IN THE HIGH COURT OF SOUTH AFRICA
(NORTH GAUTENG HIGH COURT,
PRETORIA)
DATE:01/06/2009
CASE NO.: A446/09
MAGISTRATE: L. TSENGIWE
High Court Reference no. 241
Magistrate Serial No. 02.09
Review Case No.01/115/09
THE STATE VS VUYO MATYANA
REVIEW JUDGMENT
LEGODI (J):
. When this matter was initially laid
before me on automatic review, I raised certain queries with the
magistrate regarding one
of the condition of suspension of the
sentence
The accused was found guilty on his
plea of guilty for contravention of section 65 (2), read with section
65 (3) of Act 93 of 1996,
the allegations being that on or about the
15 February 200S at or near Mongalaki and Kgotso street a public road
in the district
of Klerksdorp the accused did wrongfully and
unlawfully drive a vehicle to wit Mercedez Benz FKS 935 NW whilst the
concentration
of alcohol in any specimen of the blood taken from any
part of his body was not less than 0,05 gram per 100 milliliters to
wit
0,20 gram per 100 milliliters.
Having been found guilty, the accused
was sentenced to R4000-00 or six (6) months imprisonment which was
wholly suspended for a
period of five (5) years on condition that the
accused is not found guilty of contravention of section 65 (1) 65 (2)
and 65 (5)
of Act 93 of 1996 committed during the period of
suspension.
I raised the issue whether with a
condition for suspension on the main count, being contravention of
section 65 (1) was appropriate.
In his response, the magistrate
commented as following;
"I have realised that I omitted
to delete 65 (1) as part of a condition for suspension. It M/as an
oversight on the part of
the court and that mistake is highly
regretted?
This is understandable because renoed
form was used in recording the sentence.
I therefore make the following order:
[1] A Conviction on Contravention of
section 65 (2) (a) of Act 93 of 1996 is hereby confirmed.
[2] A condition for the sentence on
contravention of section 65 (1) (a) is set aside and sentence is
substituted as follows:
“
The accused is sentenced to
R4000-00 or six (6) months imprisonment wholly suspended for a period
of five (5) years on condition
that the accused is not found guilty
of contravention of section 65 (2) (a) of Act 93 of 1996 committed
during the period of suspension
"
F. M LEGODI
JUDGE OF THE HIGH COURT
I agree
W. L SERITI
JUDGE OF THE HIGH COURT