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S v Mvubu (A03/09) [2009] ZAGPPHC 304 (25 September 2009)

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IN THE HIGH COURT OF SOUTH AFRICA

(NORTH AND SOUTH GAUTENG HIGH COURT, PRETORIA)

Date: 25 September 2009

High Court Ref No.: 102S

Magistrate'sa Serial No.: 12/09

Case No.: A03/09

MAGISTRATE

THE STATE v CHARLES WITNESS MVUBU

REVIEW JUDGMENT

SOUTHWOOD J

[1]          On 29 April 2009 the accused was found guilty of theft in the Tonga magistrate s court and sentence to a fine of R1 000-00 (one thousand rand) or one year imprisonment, wholly suspended for 5 (five ) years on condition that the accused is not found committing the same offence in future

[2]          The conviction is in order but the formulation of the suspensive condition for the sentence must be corrected.

ORDER

[3]        (I)    The conviction is confirmed

             (II)    The sentence is set aside and replaced with the following

'A fine of R1 000-00 (one thousand rand) or 1 (one) year imprisonment wholly suspended for 5 years on condition that the accused is not again found guilty of theft committed during the period of suspension ,"

B.R. SOUTHWOOD

JUDGE OF THE HIGH COURT

I agree

E BERTELSMAN

JUDGE OF THE HIGH COURT