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IN THE HIGH COURT OF SOUTH AFRICA

(TRANSVAAL PROVINCIAL DIVISION)

_{DATE: 23 MAY 2008}

MAGISTRATE PRETORIA

Case No: G19/00006/2008

Magistrate's serial no: H41/08

High Court Ref No: 734

_{THE STATE VS RICHARD BROWN}

_{REVIEW JUDGMENT}

EKSTEEN AJ:

Both accused pleaded guilty on a charge of theft. The presiding magistrate proceeded in terms of section 112(1 )(a) of Act 51 of 1977.

The presiding magistrate erroneously imposed a sentence of direct imprisonment in respect of both accused.

The sentence imposed by the presiding magistrate is irregular and set aside.

The sentence is now substituted with the following sentence: "Each accused is fined R500.00 or 3 months' imprisonment wholly suspended for 3 years' on condition that accused is not convicted of theft of attempted theft committed during the period of suspension".

C.J EKSTE€N ACTING

JUDGE OF THE HIGH COURT

_{I agree}

_{C BOTHA}

JUDGE OF THE HIGH COURT

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