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South Africa: Free State High Court, Bloemfontein
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[2008] ZAFSHC 104
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S v Mzizi (424/2008) [2008] ZAFSHC 104 (7 August 2008)
IN THE HIGH COURT
OF SOUTH AFRICA
(ORANGE FREE STATE
PROVINCIAL DIVISION)
Review No.: 424/08
In the review between:
THE
STATE
and
THEMBA MZIZI
_____________________________________________________
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 of assault on
his plea of guilty in terms of
section 112(1)(a)
of the
Criminal
Procedure Act and
sentenced him to undergo 60 (sixty) days
imprisonment which he then wholly suspended for three years on
conditions. 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 that the
sentence be set aside and substituted with
the following sentence:
A fine of R500,00 or 30
(thirty) days imprisonment which is suspended for 2 (two) years on
condition 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
12:58 PM