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 364
|
|
S v Mathato (A1048/09, 1554, H97/09, 111/00162/08) [2009] ZAGPPHC 364 (8 December 2009)
SUPREME
COURT REF NO:
1554 JUDGE
S CHAMBERS
MAGISTRATE’S
SERIAL NO: H
97/09 SUPREME
COURT
MAGISTRATE'S
CASE NO:
111/00162/08 PRETORIA
0001
DATE:
08 DECEMBER 2009
NOT
REPORTABLE
THE
REGISTRAR OF THE SUPREME COURT
PRIVATE
BAG X 67
PRETORIA
0001
REVIEW:
THE
STATE vs. REGINALD TSHIANO MATHATO
JUDGMENT
1.
This is a special review in terms of
s304
of the
Criminal Procedure
Act 51 of 1977
.
2.
The accused herein was erroneously sentenced by the Regional Court to
a wholly suspended six (6) years
terms of imprisonment on certain
conditions.
3.
The Regional Magistrate has asked that the sentence be set aside in
light of the maximum sentence
referred to in s 89 (1) of the
Electronic Communications Act 25 of 2002 ,which limits a term of
imprisonment to 12 months.
4.
The sentence imposed by the Regional Court is therefore set aside and
the following sentence is substituted
with effect from 12 October
2009.
Twelve
month imprisonment which is wholly suspended for five years on
condition the accused is not convicted during that period
of
contravening sections 86(1) and / or s 86(3) of Act 25 of 2002.
Signed
H Fabricius
Acting
Judge of the High Court
I
agree,
W
Prinsloo
Judge
of the High Court