S v Mogotsi
Jurisdiction | South Africa |
Judge | Cloete J and Serobe AJ |
Judgment Date | 30 November 1998 |
Citation | 1999 (1) SACR 604 (W) |
Hearing Date | 30 November 1998 |
Counsel | J Muir for the appellant J Ferreira for the State |
Court | Witwatersrand Local Division |
S v Mogotsi
1999 (1) SACR 604 (W)
1999 (1) SACR p604
Citation |
1999 (1) SACR 604 (W) |
Court |
Witwatersrand Local Division |
Judge |
Cloete J and Serobe AJ |
Heard |
November 30, 1998 |
Judgment |
November 30, 1998 |
Counsel |
J Muir for the appellant |
Flynote: Sleutelwoorde
H Corruption — Sentence — Imprisonment — Appellant a 30-year-old first offender, employed as a traffic officer, had accepted R100 from motorist for cancelling a traffic summons — Appellant had attempted to cover his tracks by falsifying copies of summons — Sentence of four years' imprisonment, of which two years suspended, upheld on appeal.
Headnote: Kopnota
I The appellant was a 30-year-old first offender who was employed as a traffic officer. He had been convicted in a magistrate's court of contravening s 11(b) of the Corruption Act 94 of 1992. The evidence was to the effect that the appellant had stopped a motorist for a traffic offence and began writing out a summons but then accepted R100 from the motorist and wrote the words 'cancelled' between two lines across the top entry of the summons which J was then handed to the motorist. The appellant then changed the motorist's
1999 (1) SACR p605
registration number and address details on the other copies of the summons A in order to cover his tracks and ensure that the motorist could not be traced either through his address or the registration number of his vehicle. In the magistrate's court the appellant was sentenced to four years' imprisonment, of which two years were suspended for two years. On appeal against the sentence, the Court emphasised that the appellant had abused his position of trust for personal financial gain: his conduct was calculated to undermine B public trust in government officials and he had subsequently set about covering his tracks. The Court noted that corruption was still on the increase and in the light of all the circumstances imprisonment was the only suitable sentence in the present matter. Although the sentence was somewhat higher than the Court itself would have imposed, it did not induce a sense of shock and in the absence of a misdirection the Court could not interfere on appeal. C Appeal dismissed.
Case Information
Appeal from a sentence imposed in a magistrate's court.
J Muir for the appellant.
J Ferreira for the State.
Judgment
Cloete J:
The appellant was convicted of contravening s 1(1)(b) of the Corruption Act D 94 of 1992 and sentenced to four years' imprisonment, of which two years were suspended for two years. The appellant has, wisely in my view, not persisted with the appeal against conviction, but appeals against sentence only.
The circumstances of the offence were as follows. E
The appellant stopped the complainant, Orr, who was driving a vehicle in Sauer Street in the centre of Johannesburg and began writing out what is colloquially called a 'traffic ticket'. The appellant then accepted R100 from Orr and wrote 'cancelled' between two lines across the top entry, which he handed to Orr. The remaining four copies did not have this notation. F Subsequently the appellant altered the street number of Orr's address from 3 Curtland Street, Newcastle to 13 Curtland Street, Newcastle and changed the registration number of Orr's motor vehicle from NN 3328 to NN 8328 on the remaining four copies. These latter alterations were obviously to ensure that Orr could not be traced, either to the address on the ticket or through the registration number of his vehicle. G
The personal circumstances of the appellant are the following: he was apparently 30 years...
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