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South Africa: Free State High Court, Bloemfontein
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2005
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[2005] ZAFSHC 52
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S v Sekete (638/2005) [2005] ZAFSHC 52 (26 May 2005)
IN THE HIGH COURT
OF SOUTH AFRICA
(ORANGE
FREE STATE PROVINCIAL DIVISION)
Review No. : 638/2005
In
the review between:
THE
STATE
versus
MALEFETSANE
SEKETE
_____________________________________________________
CORAM:
HANCKE
J
et
WRIGHT
J
_____________________________________________________
JUDGMENT:
HANCKE
J
_____________________________________________________
DELIVERED
ON:
26
MAY 2005
_____________________________________________________
The accused was convicted
on two counts of assault with intent to do grievous bodily harm, and
sentenced as follows:
â
To
pay R1 500,00 (one thousand five hundred rand) or to undergo six (6)
months imprisonment. Both counts to run concurrently plus
a further
twelve (12) months imprisonment wholly suspended for two (2) years on
conditions that the accused is not convicted of assault
with intent
to do grievous bodily harm committed during the period of suspension.
Inquiry in terms of section 103(2) Act 60/2000
held as per annexure
âBâ.â
Although the convictions
are in order the sentence does not make sense, and needs some
clarification.
Accordingly the
convictions are confirmed. The sentence is set aside and substituted
with the following sentence
antedated
11 April 2005:
Both counts are taken
together for the purposes of sentence. The accused is sentenced to
pay a fine of R1 500,00 (one thousand five
hundred rand) or to
undergo six (6) months imprisonment, plus a further twelve (12)
months imprisonment, wholly suspended for two
(2) years on condition
that the accused is not convicted of assault with intent to do
grievous bodily harm committed during the period
of suspension. In
terms of section 103(2) of Act 60/2000 the accused is declared unfit
to possess a firearm.
__________________
S.P.B. HANCKE, J
I
agree.
_____________
G.F. WRIGHT, J
/sp