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FORM A

FILING SHEET FOR EASTERN CAPE JUDGMENT

ECJ NO: 105

PARTIES:

THE STATE

and

ANDISIWE MELANI

Registrar CASE NO: REVIEW NO: 20060988

• Magistrate:

• Supreme Court of Appeal/Constitutional Court: ECD

DATE HEARD:

DATE DELIVERED: 9/2/07

JUDGE(S): Plasket J and Pickering J

LEGAL REPRESENTATIVES -

Appearances:

• for the State/Plaintiff(s)/Applicant(s)/Appellant(s): Adv OH Chrisp

• for the accused/defendant(s)/respondent(s):

Instructing attorneys:

• Plaintiff(s)/Applicant(s)/Appellant(s): Spondo and Associates

• Respondent(s)/Defendant(s): DPP

CASE INFORMATION -

• Nature of proceedings : Review

• Topic:

IN THE HIGH COURT OF SOUTH AFRICA

(EASTERN CAPE DIVISION)

REVIEW NO: 20060988

DATE DELIVERED:9/2/07

In the matter between:

THE STATE

and

ANDISIWE MELANI

REVIEW JUDGMENT

PLASKET, J

[1] The matter was referred to this court on special review because, in sentencing the accused for housebreaking with intent to steal and theft, the magistrate omitted to attach conditions to the suspended sentence that he imposed.

[2] That sentence was ‘six months imprisonment with the option of a fine of R3000.00, suspended for 24 months’. The magistrate intended to suspend this sentence on condition that the accused did not commit the crimes of housebreaking with intent to steal and theft during the period of suspension.

[3] As the sentence, as it stands, is incomplete and meaningless it must be set aside and replaced by the sentence that should have been imposed.

[4] Consequently, it is ordered that:

1. The sentence imposed on the accused is set aside

2. The accused is sentenced to six months imprisonment or a fine of R3000.00, suspended for 24 months on condition that the accused is not convicted of the offences of housebreaking with intent to steal or theft committed during the period of suspension.

3. The sentence is ante-dated to 14 September 2006.

____________________

C. PLASKET

JUDGE OF THE HIGH COURT

I agree:

_____________________

J. D. PICKERING

JUDGE OF THE HIGH COURT

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