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2007
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[2007] ZAFSHC 99
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S v Shabalala (749/2007) [2007] ZAFSHC 99 (20 September 2007)
IN THE HIGH COURT
OF SOUTH AFRICA
(ORANGE FREE STATE
PROVINCIAL DIVISION)
Review No.: 749/2007
In the review between:-
THE
STATE
and
LIHLE STEVEN
SHABALALA
_____________________________________________________
CORAM:
H.M.
MUSI, J
et
EBRAHIM,
J
JUDGMENT:
EBRAHIM,
J
_____________________________________________________
DELIVERED ON:
20
SEPTEMBER 2007
_____________________________________________________
[1] This matter was
placed before me by way of special review pursuant to a request made
by the Regional Magistrate, Bloemfontein
with the following comment:
â
The accused in the above matter was
charged and convicted of robbery. He is sentenced to five (5) years
correctional supervision
in terms of sectional 276(1)(h) of the
Criminal Procedure Act 51 of 1977
. This matter is forwarded to the
Honourable Reviewing Judge as special review because, the period of
five (5) years correctional
supervision sentence in this matter is
incorrect according to
section 276(1)(h)
of 51/1977.
The
Honourable Reviewing Judge is humbly requested to amend the present
sentence to read: Three (3) years correctional supervision
in terms
of
section 276(1)(h)
of Act 51/1977 with conditions as on annexure X
of the sentence.â
[2] In terms of
subsection 276(A)(1)(b) the sentence of 5 (five) yeas imprisonment is
irregular. Accordingly the proceedings are
not in accordance with
justice. The sentence of 5 (five) years imprisonment is thus set
aside and in its place a sentence of 3 (three)
years imprisonment is
substituted subject to the conditions contained in annexure âAâ.
_____________
S.
EBRAHIM, J
I
concur.
___________
H.M.
MUSI, J
/sp