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S v Matjila (163/03) [2003] ZANWHC 52 (11 September 2003)

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CA NO : 163/03


IN THE HIGH COURT OF SOUTH AFRICA

(BOPHUTHATSWANA PROVINCIAL DIVISION)


THE STATE


vs


STOFFEL MATJILA

REVIEW JUDGMENT

LEEUW J:

  1. The accused was arraigned and convicted at the Magistrates Court on a charge of Robbery. The sentence reads as follows: “Two years imprisonment. Half of which is suspended for a period of five years on condition that you are not again convicted of assault wherein a dangerous object has been used, robbery or attempted robbery committed during the period of suspension.”


  1. The Learned Magistrate goes further to state that: “I am putting robbery and attempted robbery in view of the fact that your actions comprised that, even though you did not commit robbery or you were not found guilty of robbery (sic).”


  1. The conviction is in order but the sentence is inappropriate in that he misdirected himself in imposing the suspended conditions to the sentence as he did.


  1. Although robbery and attempted robbery contain the elements of violence, the conditions of suspension would be unduly onerous to make these offences part of the conditions of suspending the sentence where an accused person has been convicted of assault with intent to do grievous bodily harm. In terms of section 266 of the Criminal Procedure Act No 51 of 1977 (“The Act”), Robbery is not a competent verdict of the offence of Assault with intent to do grievous bodily harm.


  1. The suspended sentence imposed is therefore too wide in that robbery and attempted robbery are not related to the offence committed under these circumstances.


  1. In view of the misdirection committed by the Learned Magistrate in considering sentence, I am therefore at latitude to interfere with the sentence imposed.


  1. I accordingly make the following order:


(i) The conviction is confirmed.

(ii) The sentence imposed is set aside and the following substituted therefor:


“Two (2) years imprisonment of which One (1) year imprisonment is suspended for a period of Three (3) years on condition accused is not convicted of Assault with intent to do grievous bodily harm committed during the period of suspension and wherein the accused is sentenced to undergo imprisonment without an option of a fine.”




M M LEEUW

JUDGE OF THE HIGH COURT





I agree.






R D HENDRICKS

ACTING JUDGE OF THE HIGH COURT

11TH SEPTEMBER 2003