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[2008] ZAFSHC 105
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S v Molaoa (425/08) [2008] ZAFSHC 105 (7 August 2008)
IN THE HIGH COURT
OF SOUTH AFRICA
(ORANGE FREE STATE
PROVINCIAL DIVISION)
Review No.: 425/08
In the review between:
THE
STATE
and
THABISO STIERMAN
MOLAOA
_____________________________________________________
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 30 (thirty) days imprisonment
which he then wholly suspended for three years on conditions. The
sentence is 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 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
12:54 PM