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[2008] ZAFSHC 100
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S v Sephiri (421/08) [2008] ZAFSHC 100 (7 August 2008)
IN THE HIGH COURT
OF SOUTH AFRICA
(ORANGE FREE STATE
PROVINCIAL DIVISION)
Review No.: 421/08
In the review between:
THE
STATE
and
MALAHLEHI DANIEL
SEPHIRI
_____________________________________________________
CORAM:
EBRAHIM,
J
et
VAN
DER MERWE, J
JUDGEMENT:
EBRAHIM,
J
_____________________________________________________
DELIVERED ON:
7 AUGUST 2008
_____________________________________________________
[1] This is a special
review in terms of
section 304(4)
of the
Criminal Procedure Act 51 of
1977
.
[2] The presiding
officer, an acting magistrate, convicted the accused on his plea of
guilty to a charge of assault and sentenced
him to 30 (thirty) days
imprisonment which was then conditionally suspended for three years.
In terms of
section 112(1)(a)
of the CPA of 1977 the sentence is
wholly incompetent in view of the fact that the conviction followed
upon a mere plea of guilty.
[3] As the proceedings
were not conducted in accordance with justice I order the sentence be
set aside and substituted with the
following sentence:
A fine of R100,00 or 10
(ten) days imprisonment wholly suspended for 12 (twelve) months on
condition that the accused is not convicted
of the crime of assault
committed during the period of suspension.
_____________
S. EBRAHIM, J
I
concur.
________________________
C.H.G. VAN DER MERWE,
J
/sp
2008/08/01
12:50 PM