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The Court of Appeal set aside an illegal conditional sentence for a break and enter offence and replaced it with one day in custody and 22 months' probation.
The Court of Appeal granted leave, found the conditional sentence illegal, and varied the sentence to one day in custody plus credit and 18 months' probation.
The Supreme Court held that a conditional sentence could not be used to enforce payment of a mandatory fine where imprisonment was not otherwise fit.
The trial judge committed errors in principle by giving mitigating credit for the respondents' inability to deliver the drugs and by failing to treat the agreed quantity (4 kg) as an aggravating factor; on appellate review the offence's seriousness required a penitentiary‑range sentence and the conditional sentences were varied to custodial sentences of two years each.
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