S v Janes (340/04) [2004] ZANCHC 70 (3 September 2004)

S v Janes (340/04) [2004] ZANCHC 70 (3 September 2004)

The magistrate erred by imposing a fine of R2000.00, which exceeded the statutory limit of R1500.00 as determined by the Minister in Government Notice R239 of 14 February 2003. The concession by the magistrate was correctly made. The sentence must be set aside and substituted with a fine of R1500.00 or, in default of payment, six months imprisonment, with the entire sentence suspended for five years on condition that the accused is not convicted of further contraventions of the relevant sections of Act 140/1992 during the period of suspension.

Citation
[2004] ZANCHC 70
Parties
Applicant: The State; Respondent: Alfred Janes
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
3 September 2004
Case Number
340/04
Procedural Posture
Criminal Review / Automatic Review After Conviction and Sentence
Outcome
Conviction confirmed; sentence set aside and substituted with a fine within the statutory limit, suspended on conditions.
Judges
SA Majiedt, HJ Lacock
Legal Topics
Statutory Sentencing Limit, Unlawful Dealing in Dagga, Automatic Review, Suspended Sentence
Criminal Law Statutory Sentencing Limit Unlawful Dealing in Dagga Automatic Review Suspended Sentence

Case Brief

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Parties

The State

Applicant

Alfred Janes

Respondent

Procedural Posture

Criminal Review / Automatic Review After Conviction and Sentence

Legal Issues

  1. 1 Whether the magistrate was correct in invoking section 112(1)(a) of the Criminal Procedure Act.
  2. 2 Whether the fine imposed exceeded the statutory limit prescribed by law.
  3. 3 Whether the sentence should be corrected to comply with the statutory limit.

Ratio Decidendi

The magistrate erred by imposing a fine of R2000.00, which exceeded the statutory limit of R1500.00 as determined by the Minister in Government Notice R239 of 14 February 2003. The concession by the magistrate was correctly made. The sentence must be set aside and substituted with a fine of R1500.00 or, in default of payment, six months imprisonment, with the entire sentence suspended for five years on condition that the accused is not convicted of further contraventions of the relevant sections of Act 140/1992 during the period of suspension.

Court Disposition

Conviction confirmed; sentence set aside and substituted with a fine within the statutory limit, suspended on conditions.

Orders

  • The accused's conviction is confirmed.
  • The sentence imposed is set aside and substituted with a fine of R1500.00 or, in default of payment, six months imprisonment. The entire sentence is suspended for five years on condition that the accused is not convicted of contravening section 5(b) read with sections 1, 13, 17, 18, 20, 21 and 25 of Act 140/1992 or...