South Africa: North West High Court, Mafikeng
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[2001] ZANWHC 11
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S v Mooki (9/2001) [2001] ZANWHC 11 (1 March 2001)
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RTF formatCA NO : 9/2001
IN THE HIGH COURT OF SOUTH AFRICA
(BOPHUTHATSWANA PROVINCIAL DIVISION)
THE STATE
vs
MOKOMADITLHARE PAUL MOOKI
REVIEW:
LEEUW J: The accused was charged and convicted of assault with intent to do grievous bodily harm by the Magistrate of Itsoseng. The conviction is in order but the sentence reads as follows:
“Six (6) months imprisonment wholly suspended for a period of three (3) years on condition that the accused is not convicted within the period of suspension, of a crime involving the use of a dangerous weapon or violence and whereupon being so convicted the accused is sentenced to a period of imprisonment without an option of a fine.”
The condition imposed is not clear. The effect thereof is that if an accused person has committed an offence where violence or wherein a dangerous weapon was used within the period of suspension, but is convicted after the period of suspension has expired, then the suspended sentence may not be put into operation. It is clear from the Learned Magistrate’s sentence that the condition is related to the prevention of criminal conduct by the accused person during the period of suspension. Compare S v Malgas en Andere 1979 (3( SA 178 (A) at 181.
The conviction is confirmed and the sentence imposed by the Magistrate is accordingly set aside and substituted with the following:
“Six (6) months imprisonment wholly suspended for a period of three (3) years on condition that the accused is not convicted of assault with intent to do grievous harm committed during the period of suspension and where the accused is sentenced to a period of imprisonment without an option of a fine.”
M M LEEUW
JUDGE OF THE HIGH COURT
I agree.
H N HENDLER
JUDGE OF THE HIGH COURT
1ST MARCH 2001