About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Free State High Court, Bloemfontein
SAFLII
>>
Databases
>>
South Africa: Free State High Court, Bloemfontein
>>
2004
>>
[2004] ZAFSHC 32
|
|
S v Mosito (310/2004) [2004] ZAFSHC 32 (13 May 2004)
IN THE HIGH
COURT OF SOUTH AFRICA
(ORANGE
FREE STATE PROVINCIAL DIVISION)
Review
No.: 310/2004
In
the review between:
THE
STATE
and
KOESHA
JEFFREY MOSITO
___________________________________________________________
CORAM:
VAN
COPPENHAGEN et WRIGHT, JJ
___________________________________________________________
JUDGMENT
BY:
WRIGHT, J
___________________________________________________________
DELIVERED
ON:
13 MAY 2004
___________________________________________________________
In this matter the accused was convicted of the
contravention of section 4(b) of Act 140 of 1992 and sentenced to a
fine of R2 000,00
or 6 months imprisonment wholly suspended on
certain conditions. He pleaded guilty but no questioning took place
in terms of section
112(1)(b) of Act 51 of 1977. The Magistrate
asked the reviewing Judge to set aside the conviction and sentence
as he erred by failing
to comply with the provisions of section
112(1)(b).
The conviction and sentence are therefore set aside. In
terms of the provisions of section 312 of the Criminal Procedure Act,
the
matter is remitted to the Court
a quo
and the Court directed to comply with the provisions of section 112
of Act No. 51 of 1977 or to act in terms of section 113, as the
case
may be.
_______________
G.F.
WRIGHT, J
I CONCUR
_______________________
G. VAN COPPENHAGEN
/scd