S v Blomo (173/03) [2003] ZANWHC 58 (3 August 2003)

S v Blomo (173/03) [2003] ZANWHC 58 (3 August 2003)

The court agreed with the magistrate that the omission of the suspension period rendered the sentence defective. The conviction was confirmed, but the sentence was set aside and replaced with a sentence specifying a four-year suspension period, conditional upon the accused not being convicted of contravening section 39(1)(L) of Act 75 of 1969 during the suspension period.

Citation
[2003] ZANWHC 58
Parties
Applicant: Die Staat; Respondent: Andries Blomo
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
3 August 2003
Case Number
173/03
Procedural Posture
Special Review / Judgment
Outcome
Conviction confirmed; sentence amended to specify a four-year suspension period.
Judges
R.D. Hendricks, H.N. Hendler
Legal Topics
Sentencing, Suspended Sentence, Statutory Offence
Criminal Law Sentencing Suspended Sentence Statutory Offence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Die Staat

Applicant

Andries Blomo

Respondent

Procedural Posture

Special Review / Judgment

Legal Issues

  1. 1 Whether the period of suspension was properly included in the sentence imposed by the magistrate.
  2. 2 Whether the sentence should be amended to specify the suspension period.

Ratio Decidendi

The court agreed with the magistrate that the omission of the suspension period rendered the sentence defective. The conviction was confirmed, but the sentence was set aside and replaced with a sentence specifying a four-year suspension period, conditional upon the accused not being convicted of contravening section 39(1)(L) of Act 75 of 1969 during the suspension period.

Court Disposition

Conviction confirmed; sentence amended to specify a four-year suspension period.

Orders

  • The conviction is confirmed.
  • The original sentence is set aside and replaced with: 'Fined R600 or 6 months imprisonment, wholly suspended for four (4) years on condition that the accused is not again convicted of contravening section 39(1)(L) of Act 75 of 1969 committed during the period of suspension.'