S v Hoffmeester (R347/2018) [2018] ZAFSHC 216 (24 December 2018)

S v Hoffmeester (R347/2018) [2018] ZAFSHC 216 (24 December 2018)

The court held that the original condition of suspension was impermissibly vague and could unfairly prejudice the accused by allowing the suspended sentence to be triggered by offences committed before the suspension period. The sentence was therefore amended to ensure that only offences committed during the period of suspension would trigger the suspended sentence. The court further held that the Constitutional Court's declaration of invalidity of section 4(b) of Act 140 of 1992 only took effect from the date of the judgment and did not apply retrospectively. Since the accused was convicted before the Constitutional Court's judgment, the conviction stands and is confirmed.

Citation
[2018] ZAFSHC 216
Parties
Applicant: The State; Respondent: Rhenyyn Makam Hoffmeester
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
24 December 2018
Case Number
R347/2018
Procedural Posture
Review Application / Special Review
Outcome
Conviction confirmed; sentence amended.
Judges
Musi
Legal Topics
Possession of Dagga, Suspended Sentence Conditions, Constitutional Invalidity, Retrospective Application
Criminal Law Possession of Dagga Suspended Sentence Conditions Constitutional Invalidity Retrospective Application

Case Brief

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Parties

The State

Applicant

Rhenyyn Makam Hoffmeester

Respondent

Procedural Posture

Review Application / Special Review

Legal Issues

  1. 1 Whether the condition of suspension attached to the sentence was impermissibly vague and prejudicial to the accused.
  2. 2 Whether the conviction for possession of dagga should be set aside in light of the Constitutional Court's decision in Minister of Justice and Constitutional Development v Prince.

Ratio Decidendi

The court held that the original condition of suspension was impermissibly vague and could unfairly prejudice the accused by allowing the suspended sentence to be triggered by offences committed before the suspension period. The sentence was therefore amended to ensure that only offences committed during the period of suspension would trigger the suspended sentence. The court further held that the Constitutional Court's declaration of invalidity of section 4(b) of Act 140 of 1992 only took effect from the date of the judgment and did not apply retrospectively. Since the accused was convicted before the Constitutional Court's judgment, the conviction stands and is confirmed.

Court Disposition

Conviction confirmed; sentence amended.

Orders

  • The conviction of the accused for contravening section 4(b) of Act 140 of 1992 is confirmed.
  • The sentence is amended to R300.00 or 15 days imprisonment, suspended for 3 years on condition that the accused is not convicted of contravening section 4(b) of Act 140 of 1992 committed during the period of suspension.