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[2006] ZAFSHC 101
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S v Mashinini (475/2006) [2006] ZAFSHC 101 (11 March 2006)
IN THE HIGH COURT
OF SOUTH AFRICA
(ORANGE
FREE STATE PROVINCIAL DIVISION)
Review
No. : 475/2006
In
the review between:
THE
STATE
versus
SAINETTE
MASHININI
_____________________________________________________
CORAM:
BECKLEY
J
et
KRUGER
J
_____________________________________________________
JUDGMENT
BY:
BECKLEY
J
_____________________________________________________
DELIVERED
ON:
11
MAY 2006
______________________________________________
_______
[1] The accused was
convicted of the contravention of Section 72(4) of Act 51 of 1977 in
that he failed to appear before the court.
He was sentenced to a
fine of R600,00 or 3 (three) months imprisonment. The presiding
magistrate has now submitted the proceedings
to this Court for
purposes of a special review, having regard to the fact that the
accused was only 17 years of age at the time and
that he was
sentenced without a pre-sentencing report having been obtained.
[2] I respectfully agree
that the sentence should be set aside and that the matter should be
referred back to the presiding officer
for purposes of finalising the
matter once a pre-sentencing report has been obtained. The presiding
officerâs attention is also
directed to the fact that the maximum
sentence in the event of a contravention of Section 72(4) of Act 51
of 1977 is R300,00 or 3
(three) months imprisonment.
[3] The conviction is
therefore confirmed. The sentence is set aside and the matter is
referred back to the presiding officer to
consider sentence afresh on
receipt of a pre-sentence report.
_______________
A.P. BECKLEY, J
I agree.
____________
KRUGER, J
/sp