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[2007] ZAFSHC 60
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S v Morobe (485/2007) [2007] ZAFSHC 60 (12 July 2007)
IN THE HIGH COURT OF
SOUTH AFRICA
(ORANGE FREE STATE
PROVINCIAL DIVISION)
Review no. : 485/2007
In
the review of:
THE
STATE
versus
MICHAEL
MOROBE
_____________________________________________________
JUDGMENT:
WRIGHT, J
_____________________________________________________
DELIVERED ON
12
JULIE 2007
_____________________________________________________
[1] The accused was
convicted of theft and sentenced to 12 months imprisonment of which
half was suspended. The reviewing Judge was
not satisfied with the
conditions of suspension and suggested another condition as set out
in his letter to the magistrate in question.
[2] The magistrate
accepted in his reasons the Judgeâs recommendation. As it is clear
that the magistrate cannot amend the sentence
at this stage it is
necessary for this Court to amend the sentence.
[3] Accordingly the
conviction is confirmed but the sentence is amended to read as
follows:
Twelve (12) months
imprisonment, half of which is suspended for 4 years on condition
that the accused is not convicted of housebreaking
with the intent to
commit an offence or theft committed during the period of suspension.
The sentence must be deemed to have been
imposed on the 29
th
of March 2007.
______________
G.F. WRIGHT, J
/em