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IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

Review Case Number:

A9 2 /17

High Court Reference Number:

302/2017

Magistrate's Serial Number:

02/17

In the matter between:

THE STATE                                               Vs                                 ANTONY AMSTERDAM

 

SPECIAL REVIEW JUDGMENT

 

Fabricius J,

 

1.

This case is dealt with as a special review.

 

2.

The accused pleaded guilty to a charge of theft and was convicted.

 

3.

The Magistrate acted in terms of s. 112 (1) (a) of the Criminal Procedure Act 51 of 1977, but did not impose a proper sentence in that a suspended sentence of imprisonment was imposed without the option of a fine. This sentence is incompetent and is set aside.

 

4.

This case is referred back to the Magistrate for the imposition of a proper sentence in terms of s. 112 (1) (a) of the Act.

 

 

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JUDGE H.J FABRICIUS

JUDGE OF THE HIGH COURT GAUTENG DIVISION, PRETORIA

 

And

 

I agree

 

_________________________

JUDGE A. J. BAM

JUDGE OF THE HIGH COURT GAUTENG DIVISION, PRETORIA

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