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[2009] ZAGPPHC 365
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S v Mokgabi (A1062/09, 1446, 21/09, M195/2008) [2009] ZAGPPHC 365 (8 December 2009)
IN
THE HIGH COURT OF SOUTH AFRICA
(NORTH
GAUTENG DIVISION)
DATE:
08 DECEMBER 2009
CASE
NO: A1062/09
NOT
REPORTABLE
MAGISTRATE:
M. E. LESHOMO
WOLMARANSSTAD
High
Court Reference No. 1446
Magistrate
serial No. 21/09
Review
Case No. M195/2008
THE
STATE VS SIMON MOKGABI
REVIEW
JUDGMENT
LEDWABA
(J):
1.
This is a review in terms of
section 304
of the
Criminal Procedure
Act 51 of 1977
.
2.
After perusing the record of the
proceedings I was satisfied that the proceedings were in accordance
with justice except for the
fact that the sentence lacked the
pronouncement for how long the part of the suspended sentence was
suspended
3.
The magistrate, in his/her response
to the query conceded that he/she omitted to state for how long the
part of the sentence
was
to be suspended and suggested that the period of suspension should be
five (5) years.
4.
I therefore, make the following order:
(i)
The conviction is confirmed.
(ii)
The sentence is corrected to read as
follows:
“
Counts
1 and 2 are taken together for purposes of sentencing; accused is
sentenced to R 3000 (three thousand rand) or 18 (eighteen)
months
imprisonment plus a further (6) six months imprisonment which is
wholly suspended for a period of five (5) years on condition
the
accused is not convicted of assault during the period of suspension”.
(iii)
Payment of the fine is to be paid in
installments as set out in annexure “E”.
A.
P. LEDWABA
JUDGE
OF THE HIGH COURT
I
agree.
T.M.
MAKGOKA
JUDGE
OF THE HIGH COURT