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S v Nkga (87/01) [2001] ZANWHC 40 (4 October 2001)

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CA NO : 87/01


IN THE HIGH COURT OF SOUTH AFRICA

(BOPHUTHATSWANA PROVINCIAL DIVISION)


THE STATE


vs



SOLOMON NKGA


REVIEW:

LEEUW J:


  1. The accused was convicted of two counts of stock theft and sentenced to two (2) years imprisonment. The conviction is in order but the sentence is too excessive. I ordered the immediate release of the accused on the 25th September 2001.


  1. It is alleged that the accused stole two donkeys belonging to two different complainants. The value of the one donkey is given as R50-00. The two donkeys were recovered.


  1. The accused is 21 years old, unemployed, has no dependants and is first offender. He has also pleaded guilty to the theft of the one donkey and has paid back part of the money he was paid for the sale of the donkeys.


  1. Section 13 (a) (1) (i) of the Stock Theft Act No 57 of 1959 (The Act) provides that the maximum sentence for a first offender for the offence of Stock Theft is two (2) years imprisonment.


  1. To sentence an accused person to a maximum imprisonment of two (2) years for the theft of two donkeys valued at less than a R100-00 is too excessive under the circumstances and therefore induces a sense of shock.


  1. It is for this reason that I interfered with the sentence and ordered the immediate release of the accused from jail.


  1. The accused was convicted and sentenced on the 31st August 2001 and his release was ordered on the 25th September 2001. He has spent almost a month in jail.


  1. I accordingly confirm the conviction and set aside the sentence and substitute the following therefor:


“One (1) year imprisonment of which Nine (9) months imprisonment is suspended for three (3) years on condition accused is not convicted of Theft of Stock committed during the period of suspension and for which he is sentenced to imprisonment without an option of fine.”



The sentence is antedated from the 31 August 2001.






M M LEEUW

JUDGE OF THE HIGH COURT

4 OCTOBER 2001