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IN THE HIGH COURT OF SOUTH AFRICA

(BOPHUTHATSWANA PROVINCIAL DIVISION)

 

CA NO. 3/2000

 

In the matter between:

 

THE STATE

 

and

 

JOHN POKA SEBOLA

 

 

REVIEW

 

MOGOENG J: The accused in this matter was convicted of robbery and sentenced to undergo an effective term of 12 months imprisonment.

 

Nkabinde J questioned the suitability of the sentence in view of the fact that:

 

(a)       the accused is 18 years old;

(b)       he is a first offender;

(c)        he did not deny having taken the cellular phone and fled which is indicative of some measure of contrition;

(d)       the cellular phone was recovered immediately after the robbery; and

(e)       the complainant did not, therefore, suffer any prejudice.

 

In response, the Magistrate conceded that the sentence was indeed excessive and suggested that part of it be suspended.  I think that the concession is well made.

 

Accordingly, the conviction is confirmed but the abovementioned sentence is set aside and substituted with the one that follows:

 

“Twelve months imprisonment of which half is suspended for 5 years on condition that the accused is not convicted of an offence involving violence and/or dishonesty, committed during the period of suspension.”

 

 

M.T.R.  MOGOENG

JUDGE OF THE HIGH COURT

 

DATED:  20 JANUARY 2000

 

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