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2006
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[2006] ZANCHC 96
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S v Maitland (91/06) [2006] ZANCHC 96 (19 June 2006)
Reportable: Yes /
No
Circulate to
Judges: Yes / No
Circulate
to Magistrates: Yes / No
IN THE HIGH
COURT OF SOUTH AFRICA
(Northern Cape Division)
High
Court Review Case No: 91\06
Magistrate
Case No: 1980\05
Date
delivered: 2006-06-19
In
the review matter of
:
THE STATE
versus
MOSES
MAITLAND ACCUSED
Coram
:
MAJIEDT J
et
VAN
NIEKERK AJ
JUDGEMENT
ON SPECIAL REVIEW
MAJIEDT J:
This
matter has been submitted on Special Review by the magistrate at
Warrenton with a request that the matter be remitted for the
proper
sentencing of the accused.
The accused was charged
with theft of cheese to the value of R12,50. He was legally
represented on legal aid instructions.
The
accused pleaded guilty to theft as charged and on his behalf his
attorney confirmed that the aforementioned plea was in accordance
with the instructions from the accused. The attorney requested that
the magistrate finalise the matter in terms of the provisions
contained in section 112(1)(a) of the Criminal Procedure Act, 51 of
1977 (
âthe
Act
â).
The prosecutor indicated that he accepted the plea in terms of the
aforementioned section 112(1)(a). Thereafter the accused
was
formally convicted under that section.
No previous convictions
were proved against the accused, an 18 year old unemployed youth.
The magistrate then proceeded to sentence
the accused to 3 months
imprisonment, suspended for 5 years on condition that he is not
convicted of theft committed during the
period of suspension.
The
magistrate correctly indicates in her memorandum submitting the
matter on review that the aforementioned sentence does not accord
with the provisions contained in section 112(1)(a) of the Act. That
section provides that any competent sentence may be imposed
in terms
thereof,
other
than
imprisonment
or any other form of detention without the option of a fine or a
fine exceeding the amount of R1500.00 as has presently
been
determined by the Minister in the Government Gazette.
Consequently the
sentence must be set aside so that a proper sentence can be imposed
as provided for in section 112(1)(a)(i) of
the Act.
The following order is
issued:
The matter is remitted
to the magistrate at Warrenton for a proper sentence to be imposed as
provided for in section 112(1)(a)(i)
of Act 51 of 1977.
______________
SA MAJIEDT
JUDGE
I concur.
_____________________
JG VAN NIEKERK
ACTING
JUDGE