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[2009] ZAGPPHC 304
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S v Mvubu (A03/09) [2009] ZAGPPHC 304 (25 September 2009)
IN
THE HIGH COURT OF SOUTH AFRICA
(NORTH
AND SOUTH GAUTENG HIGH COURT, PRETORIA)
Date:
25 September 2009
High
Court Ref No.: 102S
Magistrate'sa
Serial No.: 12/09
Case
No.: A03/09
MAGISTRATE
THE
STATE v CHARLES WITNESS MVUBU
REVIEW
JUDGMENT
SOUTHWOOD
J
[1]
On 29 April 2009 the accused was found
guilty of theft in the Tonga magistrate s court and sentence to a
fine of R1 000-00 (one
thousand rand) or one year imprisonment,
wholly suspended for 5 (five ) years on condition that the accused is
not found committing
the same offence in future
[2]
The conviction is in order but the
formulation of the suspensive condition for the sentence must be
corrected.
ORDER
[3]
(I)
The conviction is confirmed
(II)
The sentence is set aside and replaced
with the following
'A
fine of R1 000-00 (one thousand rand) or 1 (one) year imprisonment
wholly suspended for 5 years on condition that the accused
is not
again found guilty of theft committed during the period of suspension
,"
B.R. SOUTHWOOD
JUDGE OF THE HIGH
COURT
I agree
E BERTELSMAN
JUDGE OF THE HIGH
COURT