IN THE HIGH COURT OF SOUTH AFRICA
(ORANGE FREE STATE PROVINCIAL DIVISION)
Review No. : 1287/2005
In the review between:
THE STATE
versus
KEBO STEPHEN MOLEFI
_____________________________________________________
CORAM: HANCKE J et WRIGHT J
JUDGMENT BY: WRIGHT J
_____________________________________________________
DELIVERED ON: 3 NOVEMBER 2005
_____________________________________________________
The accused, an eighteenyear old first offender, was found guilty
of house breaking with intent to steal and theft and sentenced to
18 (eighteen) months imprisonment.
There is no problem with the conviction but reasons were
requested with regard to the sentence. The magistrate replied that
the complainant in the matter was a target of other house breaking
incidents and referred to a case in which three youths who were
also charged and sentenced for house breaking were found guilty
with regard to the same premises. These youths were respectively
seventeen, eighteen and nineteen years old but they were only
sentenced to 6 (six) months imprisonment each which is much less
than the sentence in the present case.
In view of the fact that the complainant has now been serving a
part of his sentence, it will probably serve no purpose to obtain a
presentencing report. Nevertheless, the youth of the accused and
the fact that he was a first offender are very strong mitigating
factors. The amount stolen was only approximately R600,00 but
there was also damage occasioned when the window was broken.
The fact that the youth has pending charges should not affect the
severity of this sentence.
In view of all the circumstances, the sentence is sufficiently
inappropriate to necessitate alteration thereof.
Accordingly the conviction is confirmed but the sentence is set
aside and replaced with the following:
2
Nine (9) months imprisonment.
The sentence must be deemed to have been imposed on 15
September 2005.
_____________
G.F. WRIGHT, J
I agree.
_______________
S.P.B. HANCKE, J
/sp
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