S v Abacrombie (200/2014) [2014] ZAFSHC 216 (6 December 2014)
- Citation
- [2014] ZAFSHC 216
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Free State High Court, Bloemfontein
- Panel
- E K Tsatsi, C H G van der Merwe
- Case number
- 200/2014
More details
- Court
- Free State High Court, Bloemfontein
- Panel
- E K Tsatsi, C H G van der Merwe
- Case number
- 200/2014
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The magistrate's order referring the respondent to a rehabilitation centre for detoxification and rehabilitation was made without knowledge that the respondent's parole had been revoked and that he was already serving a sentence of imprisonment. Since the respondent will undergo a rehabilitation program within Grootvlei Prison, the referral to an external rehabilitation centre is inappropriate. The order must therefore be set aside.
Court disposition
Order referring respondent to rehabilitation centre set aside.
Orders
- The order that the respondent be referred to a rehabilitation centre for detoxification and rehabilitation is set aside.
02
Material facts
Parties
The State
ApplicantRonaldo Paul Dieta Abacrombie
Respondent03
Procedural history
Posture
Review Application / Special Review of Magistrate's Order
04
Questions and positions
Legal issues
- 01
Whether the magistrate's order referring the respondent to a rehabilitation centre for detoxification and rehabilitation was competent given the respondent was already serving a sentence of imprisonment.
- 02
Whether the order should be set aside in light of the respondent's parole revocation and ongoing imprisonment.
Party arguments
- Applicant
- The magistrate requested that the order referring the respondent to a rehabilitation centre be set aside, as the respondent was already serving a sentence of imprisonment and would undergo a rehabilitation program within Grootvlei Prison.
- Respondent
- No formal argument was advanced by the respondent; the matter was referred for special review based on the magistrate's report.
05
Court’s reasoning
Legal principles
- 01
Prevention of and Treatment for Substance Abuse Act 70 of 2008
A court may refer an accused for rehabilitation under section 35 of the Prevention of and Treatment for Substance Abuse Act 70 of 2008, but such referral is not appropriate where the accused is already serving a sentence of imprisonment and will undergo rehabilitation in prison.
06
Ratio, limits and disposition
Ratio decidendi
The magistrate's order referring the respondent to a rehabilitation centre for detoxification and rehabilitation was made without knowledge that the respondent's parole had been revoked and that he was already serving a sentence of imprisonment. Since the respondent will undergo a rehabilitation program within Grootvlei Prison, the referral to an external rehabilitation centre is inappropriate. The order must therefore be set aside.
Obiter and limits
- The court notes the importance of ensuring that orders for rehabilitation are compatible with the accused's custodial status and existing correctional programs.
Court disposition
Order referring respondent to rehabilitation centre set aside.
- The order that the respondent be referred to a rehabilitation centre for detoxification and rehabilitation is set aside.
Source and reliance status
Free State High Court, Bloemfontein
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Free State High Court, Bloemfontein
Judgment
IN THE HIGH COURT OF
SOUTH AFRICA
FREE STATE DIVISION,
BLOEMFONTEIN
Case No: 200/2014
DATE: 06 NOVEMBER 2014
In the matter between:-
THE STATE
And
RONALDO PAUL DIETA ABACROMBIE...............................Respondent
CORAM: VAN DER MERWE, J et TSATSI, AJ
JUDGMENT BY: TSATSI, AJ
DELIVERED ON: 6 NOVEMBER 2014
[1] This matter was referred to this court for special review.
[2] On 18 September 2014, after an enquiry in terms of section 35 of the Prevention of and Treatment for Substance Abuse Act 70 of 2008, the magistrate made an order referring the respondent for detoxification and rehabilitation. After making the order it came to the notice of the magistrate that the Department of the Correctional Services had revoked the respondent’s parole and that at the time of the order the respondent had already commenced serving a sentence of imprisonment of 831 days. The magistrate reports that he ascertained that respondent will undergo a rehabilitation program at Grootvlei Prison. In the circumstances the request of the magistrate that the order be set aside, must be acceded to.
[3] In the result the order that the respondent be referred to a rehabilitation centre for detoxification and rehabilitation is set aside.
E. K. TSATSI, AJ
I agree.
C. H. G. VAN DER MERWE, J
Ebeket
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