S v Malimela

• Jurisdiction: South Africa
• Judge: Moseneke J
• Judgment Date: 14 October 2002
• Docket Number: A2065/2002
• Hearing Date: 14 October 2002
• Court: Transvaal Provincial Division
• Citation: 2002 JDR 0752 (T)

Moseneke J:

1. The accused, a 25-year old male, pleaded guilty in the magistrate's court, Heidelberg to a charge of assault with the intent to do grievous bodily harm. The particulars of the charge were that on or about 9 December 2000 and at Ratanda in the district of Heidelberg he wrongfully and intentionally assaulted Lettie Tsoari (the complainant) by hitting her with fists and kicking her with the intention to her grievous bodily harm.

2002 JDR 0752 p2

Moseneke J

2. During the proceedings in terms of s 112(1)(b) of the Criminal Procedure Act 51 of 1977 the accused admitted that he hit the complainant several times with fists on her sides and kicked her on her stomach.

3. The accused was sentenced to a fine of R1 000 or to four months imprisonment. The accused was sentenced to a further imprisonment term of 18 months which was suspended for a period of five years on condition that the accused is not convicted of an offence involving violence towards another person committed during the period of suspension.

4. On review the court a quo was requested to comment on the following:

'1.

Is die 18 maande gevangenis, hoewel opgeskort, nie buitensporig vir die omstandighede van die geval nie? 'n Mens weet nie eers welke beserings die klaagster opgedoen het nie.

2.

As die 18 maande gevangenisstraf gepas is, moes die opskortingsvoorwaardes nie verder...