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South Africa: South Gauteng High Court, Johannesburg You are here: >> >> >> >> [2010] ZAGPJHC 186 S v Agliotti (SS 154/09) [2010] ZAGPJHC 186; 2012 (1) SACR 559 (GSJ) (16 August 2010) Download original files Bookmark/share this page REPORTABLE SOUTH GAUTENG HIGH COURT, JOHANNESBURG CASE NO: SS 154/09 DATE: In the matter between: THE STATE and NORBERT GLENN AGLIOTTI.....

South Africa: Free State High Court, Bloemfontein You are here: >> >> >> >> [2016] ZAFSHC 90 S v Tshabalala (102/2015) [2016] ZAFSHC 90 (5 May 2016) Download original files Bookmark/share this page IN THE HIGH COURT OF SOUTH AFRICA, FREE STATE DIVISION, BLOEMFONTEIN Reportable Circulate to Migistrates Review No.: 102/2015 In the review matter between: THE STATE and NOMVULA LINAH TSHABALALA CORAM: MOCUMIE, J et OPPERMAN, AJ DELIVERED: 05 MAY 2016 The Court. [1] The accused was convicted of theft by the Magistrate's Court, Witsieshoek, Phuthaditjaba, Free State on 26 January 2015. The conviction followed after a plea of guilty in terms of s 112(1)(a) of the Criminal Procedure Act 51 of 1977 (the CPA). She was sentenced as follows: 'Fined one thousand five hundred rands (R1500.00) or in default of payment to undergo three (3) months imprisonment. In terms of the Firearms Control Act accused is determined fit to possess a firearm (Section 103(2) of )' [2] On 10 June 2015, when this court received this matter on review; it was under covering letter dated 14 April 2015 which reads: 'I forward herewith the record and J4 for review. The accused was charged with theft and she pleaded guilty and the plea was accepted by the State in terms of of Act 51 of 1977 and the accused was convicted. The Prosecutor who accepted the plea in terms of section 112(1)(a) then proved previous convictions and asked for direct imprisonment.

I am forwarding the record of proceedings in order for the reviewing Judge to see whether the proceedings were in accordance with justice. The delay in submitting is regretted since there is no co-operation with the support services and it is beyond my control.

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Regards' [3] On 19 June 2015 the review was sent back to the magistrate with queries. The request was apparently received by the magistrate on 29 August 2015. It consisted of the following: '1. It took 5 months for this matter to be sent on review contrary to the clear provision of s 302 of Act 51 of 1977. The magistrate's explanation is not clear. What is meant by 'no co-operation with the support services'? Is section 112(1)(a) the appropriate procedure to have adopted in the circumstances of this case?

The accused was unrepresented; the Prosecutor was aware that she has previous convictions of theft and even asked for direct imprisonment. Refer to recent decided cases. Novel romantis dewasa indonesia pdf. Is the sentence appropriate considering that the accused is what can be safely called a serial thief? What are the reasons for imposing this type of sentence? Refer to decided cases.' [4] On 20 October 2015 a reply to the query dated 9 October 2015 was received.