FREE STATE HIGH COURT, BLOEMFONTEIN
REPUBLIC OF SOUTH AFRICA

In the matters between:
	Review No: 58/2011

THE STATE

and

LERATO ALINA MOHAPI
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JUDGMENT BY:			KRUGER, J 
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DELIVERED ON:		14 APRIL 2011
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[1]	This is a review under section 302 of Act 51 of 1977.  The accused was on 6 December 2010 convicted on her plea of guilty of assault with intent to do grievous bodily harm in the magistrates’ court at Zastron and sentenced to 9 months’ imprisonment, wholly suspended and further given a fine of R1 500,00 or 3 months’ imprisonment.  The J4 does not indicate whether the fine was paid.  The review was only received by the registrar on 9 February 2011 as a result of the fact that the transcribed record was only received from the recording company on 28 February 2011.

[2]	In answer to questions under section 112(1)(b) by the magistrate the accused said that she and the complainant were fighting and that she did not intend to injure the complainant.  Jordaan J asked the magistrate whether the accused admitted all the elements of the offence.  The magistrate agrees that a plea of not guilty in terms of section 113 of Act 51 of 1977 should have been recorded.

[3]	The following order is made:
	In terms of section 312 of Act 51 of 1977 the conviction and sentence are set aside and the magistrate is directed to record a plea of not guilty as contemplated in section 113 of Act 51 of 1977.

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A. KRUGER, J

/EB