S v Abacrombie (200/2014) [2014] ZAFSHC 216 (6 December 2014)

S v Abacrombie (200/2014) [2014] ZAFSHC 216 (6 December 2014)

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rehabilitation centre for detoxification and rehabilitation was made without knowledge that the respondent's parole had been revoked and that he was already serving a sentence of imprisonment.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.

Citation
[2014] ZAFSHC 216
Parties
Applicant: The State; Respondent: Ronaldo Paul Dieta Abacrombie
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
6 December 2014
Case Number
200/2014
Procedural Posture
Review Application / Special Review of Magistrate's Order
Outcome
Order referring respondent to rehabilitation centre set aside.
Judges
E K Tsatsi, C H G van der Merwe
Legal Topics
Substance Abuse Act Section 35, Parole Revocation, Rehabilitation Order, Magistrates Review
Criminal Law Substance Abuse Act Section 35 Parole Revocation Rehabilitation Order Magistrates Review

Case Brief

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Parties

The State

Applicant

Ronaldo Paul Dieta Abacrombie

Respondent

Procedural Posture

Review Application / Special Review of Magistrate's Order

Legal Issues

  1. 1 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.
  2. 2 Whether the order should be set aside in light of the respondent's parole revocation and ongoing imprisonment.

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rehabilitation centre for detoxification and rehabilitation was made without knowledge that the respondent's parole had been revoked and that he was already serving a sentence of imprisonment.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.

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.