S v Makondo (A398/2009) [2009] ZAGPPHC 245 (15 May 2009)

S v Makondo (A398/2009) [2009] ZAGPPHC 245 (15 May 2009)

The reviewing judge was satisfied, after queries to the trial court and the Office of the Director of Public Prosecutions, that the accused's conviction for assault with intent to do grievous bodily harm was in accordance with justice. The accused, a first offender and scholar, had properly elected to proceed without legal representation. However, given his inability to pay the fine and his personal circumstances, the sentence was found to be unduly harsh. The court accepted the recommendation to suspend half of the sentence, thereby entitling the accused to immediate release unless detained for another matter.

Citation
[2009] ZAGPPHC 245
Parties
Respondent: The State; Appellant: Timmy Fikile Makondo
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 May 2009
Case Number
A398/2009
Procedural Posture
Review Application / High Court Review of Magistrate's Conviction and Sentence
Outcome
Conviction confirmed; sentence set aside and substituted with suspension of half the sentence.
Judges
M F Legodi, WL Seriti
Legal Topics
Assault With Intent to Do Grievous Bodily Harm, Suspension of Sentence, Legal Representation Rights
Criminal Law Assault With Intent to Do Grievous Bodily Harm Suspension of Sentence Legal Representation Rights

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Respondent

Timmy Fikile Makondo

Appellant

Procedural Posture

Review Application / High Court Review of Magistrate's Conviction and Sentence

Legal Issues

  1. 1 Whether the accused's intention to do grievous bodily harm was proved.
  2. 2 Whether the accused properly elected to proceed without legal representation.
  3. 3 Whether the conviction was in accordance with justice.

Ratio Decidendi

The reviewing judge was satisfied, after queries to the trial court and the Office of the Director of Public Prosecutions, that the accused's conviction for assault with intent to do grievous bodily harm was in accordance with justice. The accused, a first offender and scholar, had properly elected to proceed without legal representation. However, given his inability to pay the fine and his personal circumstances, the sentence was found to be unduly harsh. The court accepted the recommendation to suspend half of the sentence, thereby entitling the accused to immediate release unless detained for another matter.

Court Disposition

Conviction confirmed; sentence set aside and substituted with suspension of half the sentence.

Orders

  • The conviction of the accused is confirmed.
  • The sentence is set aside and substituted: The accused is sentenced to R2000 or 6 months imprisonment, half of which is suspended for three years on condition that the accused is not found guilty of assault with intent to do grievous bodily harm during the period of suspension.