S v Olifant and Others (96/07, 97/07, 98/07) [2008] ZANCHC 4 (15 February 2008)

45 Reportability
Criminal Law

Brief Summary

Criminal Law — Driving without a valid licence — Accused convicted of driving a motor vehicle on a public road without a valid licence in contravention of sec. 12(a) of the National Road Traffic Act 93 of 1996 — Sentences imposed included a fine or imprisonment, suspended on condition of no further contraventions — Magistrate's request for rectification of suspension condition due to omission — Court held that the request was proper and sentences were set aside and substituted to include the correct condition.

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[2008] ZANCHC 4
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S v Olifant and Others (96/07, 97/07, 98/07) [2008] ZANCHC 4 (15 February 2008)

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YES
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YES
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YES
/ NO
IN THE HIGH
COURT OF SOUTH AFRICA
(Northern Cape
Division)
Case
number:
96/07;
97/07; 98/07
Date
delivered:
15/02/2008
In
the matter between:
THE
STATE
and
OLIFANT,
EDGAR
DE
BRUIN, LAWRENCE
VAALTYN,
BENNET
Coram:
Lacock
J et Williams J
JUDGMENT on
REVIEW
LACOCK
J:
All three accused in these matters
were convicted of driving a motor vehicle on a public road without a
valid licence in contravention
of sec.12 (a) of the
National Road
Traffic Act, no. 93 of 1996
, and were sentenced to payment of a fine
of R500.00 or 5 months imprisonment which sentences were suspended
for 3 years
“on
condition accused is not convicted of driving a motor vehicle
without a drivers licence committed during the period of
suspension”
. In
the matter of Vaaltyn, the words
“without
a drivers licence”
were inadvertently omitted.
The magistrate now requests this
Court to rectify on special review the condition of suspension of
the sentences to include therein
a reference to
sec. 12
(a) of Act
93 of 1996. This is a proper request.
Since the convictions are in order,
as well as the gist of the sentences imposed, the sentences in all
three matters are set aside
and substituted for the following:
“
R500.00
or 5 (five) months imprisonment wholly suspended for a period of 3
(three) years on condition that the accused is not convicted
of
driving a motor vehicle on a public road in contravention of
sec. 12
(a) of the
National Road Traffic Act, no. 93 of 1996
committed during
the period of suspension.”
The sentences are ante dated to 19
July 2007.
_______________
HJ Lacock
JUDGE
I
concur.
_______________
CC Williams
JUDGE