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2008
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[2008] ZAFSHC 78
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S v Jeffrey (241/2008) [2008] ZAFSHC 78 (11 July 2008)
IN THE HIGH COURT
OF SOUTH AFRICA
(ORANGE FREE STATE
PROVINCIAL DIVISION)
Case No.: 241/2008
In the case between:
THE
STATE
and
XOLILE
ALI JEFFREY
JUDGMENT:
VAN DER MERWE, J
DELIVERED ON:
11 JULY 2008
[1] The accused was
properly convicted, upon his plea of guilty, of housebreaking with
the intent to steal and theft of linen, clothing
and crockery to the
value of approximately R800,00. The accused was then sentenced to 9
months imprisonment wholly conditionally
suspended for a period of 3
years.
[2] There is no reason to
interfere on review with the sentence of 9 months imprisonment wholly
suspended as such; if the magistrate
erred it was on the side
leniency. However, as the magistrate concedes, a mistake crept in
with the wording of the conditions
of suspension and that must be
corrected.
[3] In the result the
conviction is confirmed but the sentence is altered to read that the
accused is sentenced to 9 months imprisonment
wholly suspended for a
period of 3 years on condition that the accused is not convicted of
housebreaking with intent to commit
any crime or attempt thereto or
theft or attempted theft committed during the period of suspension.
_______________________
C.H.G. VAN DER MERWE,
J
/em