IN THE HIGH COURT OF SOUTH AFRICA GAUTENG  DIVISION, PRETORIA

HIGH COURT REFERENCE NO.: 202/2016 MAGISTRATE'S  SERIAL  NO.:  RW03/2016
CASE NO.: RC19/201 S

NOT REPORTABLE
NOT OF INTEREST TO OTHER JUDGES
REVISED

In the  matter  between:

THE STATE

and

ANDRIES   MONTSHIOA

R E V I E W	J U D G E M E N T

	

DE VOS J:

l 11	The   accused   was   convicted   in  the  Regional   Court,   sitting  at  Christiana.   on   a  charge of robbery  with  aggravating  circumstances.    In  terms  of  section  276( 1)(i)  of  Act  51  of    1977
the accused  was  sentenced  to  eight  (8) years  imprisonment.

l2 ]	After   sentencing  the  accused.  the  Presiding  Magistrate   referred   this  matter   for  a    special review  of  the  sentence  imposed.

- 2 -

[3]	The  :Vlagistrate  requests  that  the  sentence  imposed  be  set  aside  as  the  maximum    sentence

that can be imposed in tem1s of section 276(1 )( i )  is  five  (5)  years  imprisonment.  The imposed  sentence  was  consequently   not  in  accordance  with  justice.   The  Deputy   Director of  Public  Prosecutions  supports  the  view  of  the  Magistrate.

[4 ]		I   have   considered   the   Magistrate· s  request   and   agree  that   the   sentence   imposed cannot stand  and  should  be  set aside.

I THEREFORE MAKE THE FOLLOWING ORDER:

1.	The sentence of eight ( 8) years· imprisonment imposed in terms of section 276(1 )(i) of Act

51 of 1977 is set aside in terms of section 304(2)( c)( ii) of the same Act.

2.	The matter  is referred  back  to the  Presiding  Magistrate  in terms  of  Section  304(2)(c)(v)  of Act 51 of 1977 for imposition of sentence  afresh.

	HJ DE VOS
JUDGE  OF  THE  GAUTENG DIVISION
OF THE HIGH COURT OF SOUTH AFRICA

	VAN DER WESTHUIZEN

ACTING JU DGE OF THE GAUTENG DIV ISION 
OF THE HIGH COURT OF SOUTH AFRICA