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[2009] ZAGPPHC 308
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S v Van Wyk and Another (A258/08) [2009] ZAGPPHC 308 (25 September 2009)
I
LVS
IN
THE HIGH COURT OF SOUTH AFRICA
(NORTH
GAUTENG HIGH COURT. PRETORIA)
DATE:
25 SEPTEMBER 2009
MAGISTRATE
BRAKPAN
CASE
NO: A258/08
MAGISTRATE'S
SERIAL NO: 19/2009
HIGH
COURT REF NO: 964
THE
STATE VS JOEY LEROY VAN WYK AND NICO HERMANS
REVIEW
JUDGMENT
BOTHA
J:
This
is a special review from the magistrate of Brakpan.
Two
issues were raised:
(a)
that the magistrate omitted to make a
finding on count 1 and
(b)
that the accused were not given
an opportunity to address the court in regard to section
103 of the
Firearms Act 2000 (Act 60 of 2000).
The
two accused were charged with assault with the intent to do grievous
bodily harm (count 1) and robbery (count 2)
It
is clear from the judgment that the magistrate considered count 1 to
be a duplication of count 2 Hence the accused were only
found guilty
on count 2 It is very technical but as a matter of form it can do no
harm for this court to record that the accused
were found not guilty
on count 1.
In
respect of the Firearms Act the magistrate insists that he was
addressed on the issue He was addressed on sentence by the accuseds'
attorney, but his address was recorded as being inaudible. The
prosecutor whose address was recorded, did ask that the accused
be
declared unfit to possess firearms.
In
the circumstances I am satisfied that the magistrate was addressed on
the provisions of the Firearms Act.
In
the result the following order is made:
1.
The convictions and sentences of the
accused on count 2 are confirmed.
2.
It is recorded that the accused were by
implication found not guilty and discharged on count 1.
C
BOTHA
JUDGE
OF THE HIGH COURT
I
agree
C.J
EKSTEEN
ACTING
JUDGE OF THE HIGH COURT