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2009
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[2009] ZAGPPHC 256
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S v Raphela (A539/09) [2009] ZAGPPHC 256 (22 June 2009)
IN
THE HIGH COURT OF SOUTH AFRICA
(NORTH
GAUTENG HIGH COURT: PRETRIA)
DATE.: 17 June 2009
Magistrate
MANKWENG
Case No.: A803/2008
High Court Ref No.:605 Magistrate’s
Serial No: 09/2009
DATE:22/06/2009
CASE NO:A539/09
THE
STATE VS SAMUEL RAPHELA
REVIEW JUDGMENT
SERITI.
J:
The
accused appeared before the Magistrate's Court, Mankweng, facing one
charge of housebreaking with intent to steal and theft
Accused,
who conducted his own trial, pleaded not guilty but after evidence
was led. he was convicted as charged,
After
his conviction, the trail Court imposed the following sentence;
“R3000-00 (three thousand rand) or 4 (four) months
imprisonment, a further R3000-00 (three thousand rand) or 4 (four)
months imprisonment is wholly suspended for 3 (three) years on
condition that accused is not found guilty of an offence involving
housebreaking with intent to steal and theft during the period
of
suspension"
When
the matter came on review for the first time, my colleague Legodi J
sent a query to the Magistrate enquiring if the manner
in which the
sentence is phrased is not confusing and secondly if the condition of
suspension of part of the sentence is not properly
set out,
The
Magistrate replied and stated that the sentence as formulated is not
confusing but conceded that the suspended portion of the
sentence
needs to be corrected as there is “an omission on my part and
the mistake is highly regretted
I
do not share the views of the Magistrate on the first question raised
by Legodi J The sentence as formulated is not as clear as
it should
be. It must be stated In such a manner that there should be no room
for misunderstanding. The suspended portion of the
sentence also
needs to be corrected, as the Magistrate, correctly so, conceded that
same is not properly articulated.
I
therefore make the following order:
1.
The sentence imposed or the accused is set aside and is substituted
with the following:
2.
R6000-00 (six thousand rand) fine or S (eight) months imprisonment,
R3000-00 (three thousand rand) or 4 (four) months of which
are
suspended for a period of 3 (three) years on condition that the
accused is not found guilty of housebreaking with intent to
steal and
theft committed during the period of suspension.
W
SERlTI
JUDGE
OF THE HIGH COURT
M.F
LEGODI
JUDGE
OF THE HIGH COURT