IN THE HIGH COURT OF SOUTH AFRICA 
(WESTERN CAPE HIGH COURT, CAPE TOWN)

In the matter between: 

and

J U D G M E N T

I now turn to the appeal itself. On the sentence issue, the magistrate was unable to reconstruct the record and, therefore, was unable to comment on the sentence imposed. We are in a similar position. We do not have sufficient information before us to deal with the sentence. I believe it is in the interest of justice that the imposed sentence be set aside and the matter be referred back to the trial court to consider sentence afresh. The order that I make is the following:
1.	The conviction is confirmed.
2.	The imposed sentence of 16 April 2003 is set aside.
3.	The matter is referred to the Regional Court to consider sentence afresh.
4.	The appellant shall remain in custody, of course now as
an awaiting trial prisoner, if he his not serving any other sentence, until such time that he is brought before the Regional Court magistrate.

That is the order of the Court.

KUSCHKE AJ: I agree

KUSCHKE AJ