and
THE STATE

JUDGMENT

The appellant, Mr Burton Bernardo, after pleading guilty, was convicted in the Regional Court, Blue Downs, on charges of arson and assault and was sentenced to three years correctional supervision in terms of section 276(1)(H) of Act 51 of 1977 (the Act).

On 13 August 2010 the State brought an application for the sentence to be converted in terms of section 276(A)(4)(a) of the Act after the appellant did not comply with his correctional supervision conditions. The appellant was then sentenced to four (4) years and six (6) months imprisonment respectively, on both counts. The sentences were ordered to be served concurrently.

The appellant was legally represented during the proceedings. This appeal is against sentence only.

When he thereafter reconsidered the sentence, a longer custodial sentence, longer than the initial period of correctional supervision was imposed. When the conversion in terms of section 276(A)(4)(a) was done, more than two years of the three years correctional supervision had already been served. The appellant therefore only had a short period of his three year sentence left

I am of the view that the following factors should have been considered in favour of the appellant when the conversion in terms of section 276(A)(4)(a) was done:
1.	The appellant completed more than 80% of his correctional supervision.
2.	The appellant complied with all but one of the number of conditions imposed by the magistrate.