S v Jackson (590/89) [1990] ZASCA 79 (28 August 1990)

S v Jackson (590/89) [1990] ZASCA 79 (28 August 1990)

The Supreme Court of Appeal found that the trial magistrate had imposed a sentence influenced by the existence of two offences and a greater quantity of dagga, whereas the appellant was ultimately convicted of only one offence involving two dagga tablets. The court a quo failed to give sufficient weight to this reduction in both the number of offences and the quantity involved. The appellant's previous conviction was considered, but it was not of such a nature as to justify the original sentence. The appropriate sentence for the single offence was determined to be 18 months' imprisonment, half of which was suspended for five years on condition that the appellant is not convicted of a...

Citation
[1990] ZASCA 79
Parties
Appellant: Desmond Jackson; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 August 1990
Case Number
590/89
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal upheld. The original sentence was set aside and replaced with a reduced sentence.
Judges
Smalberger, Steyn, Friedman
Legal Topics
Drug Offences, Sentencing Principles, Mitigating and Aggravating Factors
Criminal Law Drug Offences Sentencing Principles Mitigating and Aggravating Factors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Desmond Jackson

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for a single offence involving two dagga tablets was appropriate given the initial conviction for two offences involving seven tablets.
  2. 2 Whether the trial court and the court a quo properly considered the reduction in the number of offences and quantity of dagga when determining sentence.
  3. 3 Whether sufficient weight was given to the appellant's previous conviction and the circumstances of the offence.

Ratio Decidendi

The Supreme Court of Appeal found that the trial magistrate had imposed a sentence influenced by the existence of two offences and a greater quantity of dagga, whereas the appellant was ultimately convicted of only one offence involving two dagga tablets. The court a quo failed to give sufficient weight to this reduction in both the number of offences and the quantity involved. The appellant's previous conviction was considered, but it was not of such a nature as to justify the original sentence. The appropriate sentence for the single offence was determined to be 18 months' imprisonment, half of which was suspended for five years on condition that the appellant is not convicted of a...

Court Disposition

Appeal upheld. The original sentence was set aside and replaced with a reduced sentence.

Orders

  • The sentence imposed by the court a quo is set aside.
  • The following sentence is substituted: 18 months' imprisonment, half of which is suspended for five years on condition that the accused is not convicted of an offence under section 2(a) of Act 41 of 1971 committed during the period of suspension.