Court name
High Court of eSwatini
Case number
Review 97 of 2002

R v Dlamini and Others (Review 97 of 2002) [2002] SZHC 11 (29 April 2002);

Law report citations
Media neutral citation
[2002] SZHC 11
Coram
Sapire, CJ




 


SWAZILAND HIGH COURT

In re


The King

V

Dlamini Vusi Lucky, and others

Mag crt Lubombo M87/2001
Review 97/2002
 



Review Judgment


Monday, April 29, 2002
After finding the Accused guilty on a count of theft of a motorcar the presiding magistrate imposed the following sentence on each
 
“E1, 800 fine or 18 months imprisonment in default of payment. Half the sentence to be suspended for two years on condition the accused are not charged with an offence where theft is an element within the period of suspension”
 
The conditions of the suspension are improperly framed. Following the correct formula the sentence is altered to read
“Half the sentence is suspended for a period of two years, on condition that the accused is not hereafter found guilty of an offence involving the unlawful taking of property, committed during the period of the suspension”

 

Save for this alteration the convictions and sentences are confirmed, and the proceedings are certified as being in accordance with real and substantive justice.

S. W Sapire
Chief Justice