S v Zondi

• Jurisdiction: South Africa
• Citation: 1974 (3) SA 391 (N)

S v Zondi
1974 (3) SA 391 (N)

1974 (3) SA p391

Citation	1974 (3) SA 391 (N)
Court	Natal Provincial Division
Judge	Leon J and Hoexter J
Heard	May 7, 1974
Judgment	May 7, 1974

Flynote : Sleutelwoorde

Criminal procedure — Sentence — Suspended sentence — Bringing of into operation — Opportunity which magistrate must give to the accused — Nature of — Act 56 of 1955, sec. 352 (6) (b).

Headnote : Kopnota

In general an opportunity should be afforded to an accused B person, particularly where such person is unrepresented, to lead evidence and to make representations concerning any question of punishment. There is every reason in principle and in fairness to do so when considering whether or not a suspended sentence should be brought into operation. Where this had not been done, the Court on review set aside an order bringing a suspended sentence into operation and remitted the case to the magistrate. C

Case Information

Review.

Judgment

Leon, J.:

The accused, a Bantu female aged 19 years, was correctly convicted of theft. Her previous convictions were such that she qualified to be sentenced to imprisonment for D corrective training but the magistrate, applying sec. 335 (A) of Act 56 of 1955, sentenced her to six months' imprisonment. That sentence is in order.

The magistrate also ordered that a suspended sentence of 120 days' imprisonment which had been imposed on 4 October 1973 should be brought into operation. In making this last order the E magistrate did not draw to the attention of the...