S v Brand and Another (155/2011) [2011] ZAFSHC 76 (19 May 2011)

S v Brand and Another (155/2011) [2011] ZAFSHC 76 (19 May 2011)

The convictions on both dealing and possession charges arose from the same set of facts and should have been charged in the alternative, not as separate counts. Convicting the accused on both counts constitutes a duplication of convictions and is irregular. The conviction for dealing in dagga is in accordance with the law and is confirmed, while the conviction for possession is set aside. The sentences imposed are not legally competent, as a fine with alternative imprisonment without a further term of imprisonment is not permissible for dealing in dagga. Furthermore, the suspended sentence condition relating to possession of dagga is inappropriate. The sentences are set aside and the...

Citation
[2011] ZAFSHC 76
Parties
Applicant: The State; Defendant: Angelo Edwin Brand; Defendant: Yolanda Maarman
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
19 May 2011
Case Number
155/2011
Procedural Posture
Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
Conviction for dealing in dagga confirmed; conviction for possession of dagga set aside; sentences set aside and matter remitted for fresh sentencing.
Judges
A.F. Jordaan, C.H.G. van der Merwe
Legal Topics
Splitting of Charges, Duplication of Convictions, Sentencing Irregularity, Possession of Dagga, Dealing in Dagga
Criminal Law Splitting of Charges Duplication of Convictions Sentencing Irregularity Possession of Dagga Dealing in Dagga

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Parties

The State

Applicant

Angelo Edwin Brand

Defendant

Yolanda Maarman

Defendant

Procedural Posture

Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether convicting the accused on both dealing and possession charges arising from the same facts constitutes a splitting of charges.
  2. 2 Whether the sentences imposed following conviction for dealing in dagga are legally competent.

Ratio Decidendi

The convictions on both dealing and possession charges arose from the same set of facts and should have been charged in the alternative, not as separate counts. Convicting the accused on both counts constitutes a duplication of convictions and is irregular. The conviction for dealing in dagga is in accordance with the law and is confirmed, while the conviction for possession is set aside. The sentences imposed are not legally competent, as a fine with alternative imprisonment without a further term of imprisonment is not permissible for dealing in dagga. Furthermore, the suspended sentence condition relating to possession of dagga is inappropriate. The sentences are set aside and the...

Court Disposition

Conviction for dealing in dagga confirmed; conviction for possession of dagga set aside; sentences set aside and matter remitted for fresh sentencing.

Orders

  • The convictions of both accused in respect of count 1 (dealing in dagga) are confirmed.
  • The convictions of both accused on count 2 (possession of dagga) are set aside.