IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE TOWN)

In the matter between:

and

JUDGMENT

This matter came before us on appeal and on 16 April this year, this Court upheld the appellant’s appeal against his conviction on murder and changed the conviction to one of guilty of culpable homicide. In the light thereof the sentence was also set aside and replaced with a sentence of 5 yeairs imprisonment in terms of section 276(1 )(i) of the Criminal Procedure Act, 51 of 1977.

Mr Avontuur for the applicant argued that, instead of this court imposing the sentence, we should rather have referred the matter back to the trial court to consider sentence afresh after considering a probation officer's report as to the desirability of imposing a sentence of correctional supervision.

VELDHUIZEN, J

I agree

GANGEN, AJ