S v Dyantyie (CA&R327/16) [2016] ZAECGHC 132 (17 November 2016)

S v Dyantyie (CA&R327/16) [2016] ZAECGHC 132 (17 November 2016)

The magistrate imposed a sentence that did not comply with the statutory provisions governing sentencing for dealing in dagga under the Drugs and Drug Trafficking Act. The correct approach is to impose a sentence that reflects the seriousness of the offence and is within the statutory limits. The sentence was set aside and replaced with a wholly suspended term of imprisonment and a fine, with forfeiture of the dagga to the State, in accordance with the Act.

Citation
[2016] ZAECGHC 132
Parties
Respondent: The State; Applicant: Simphiwe Dyantyie
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
17 November 2016
Case Number
CA&R327/16
Procedural Posture
Review Application / Review Judgment Following Conviction and Sentence in the Magistrate's Court.
Outcome
The sentence imposed by the magistrate is set aside and replaced with a competent sentence under the Drugs and Drug Trafficking Act.
Judges
S M Mbenenge, N Ntlama
Legal Topics
Drugs and Drug Trafficking Act, Sentencing, Forfeiture of Property
Criminal Law Drugs and Drug Trafficking Act Sentencing Forfeiture of Property

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Parties

The State

Respondent

Simphiwe Dyantyie

Applicant

Procedural Posture

Review Application / Review Judgment Following Conviction and Sentence in the Magistrate's Court.

Legal Issues

  1. 1 Whether the sentence imposed by the magistrate for dealing in dagga was competent under section 13 read with section 17(e) of the Drugs and Drug Trafficking Act 140 of 1992.
  2. 2 Whether the sentence should be set aside and replaced with a competent sanction.

Ratio Decidendi

The magistrate imposed a sentence that did not comply with the statutory provisions governing sentencing for dealing in dagga under the Drugs and Drug Trafficking Act. The correct approach is to impose a sentence that reflects the seriousness of the offence and is within the statutory limits. The sentence was set aside and replaced with a wholly suspended term of imprisonment and a fine, with forfeiture of the dagga to the State, in accordance with the Act.

Court Disposition

The sentence imposed by the magistrate is set aside and replaced with a competent sentence under the Drugs and Drug Trafficking Act.

Orders

  • The accused is sentenced to four years imprisonment, wholly suspended for three years on condition that he is not convicted of a contravention of section 5(a) read with sections 1, 13, 17 to 20, 22 to 25 and 64 of the Drugs and Drug Trafficking Act 140 of 1992 during the period of suspension.
  • The accused is sentenced to pay a fine of R3000.00 or, in default of payment, to undergo 18 months imprisonment.