S v Janes (corrected judgment) (340/04) [2004] ZANCHC 71 (3 September 2004)

S v Janes (corrected judgment) (340/04) [2004] ZANCHC 71 (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. Furthermore, the sentence did not comply with the provisions of Act 140 of 1992, which require a sentence of imprisonment or imprisonment and a fine for contraventions of section 5(b)....

Source-derived case information.

Citation
[2004] ZANCHC 71
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 of R1500.00 and 6 months imprisonment, both suspended for 5 years on condition of no further contraventions. Sentence antedated to 20 July 2004.
Judges
SA Majiedt, HJ Lacock
Legal Topics
Unlawful Dealing in Dagga, Sentencing Limits, Automatic Review, Suspended Sentence
Criminal Law Unlawful Dealing in Dagga Sentencing Limits Automatic Review Suspended Sentence

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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 Was the magistrate correct in invoking the provisions of section 112(1)(a) of the Criminal Procedure Act?
  2. 2 Did the sentence imposed exceed the statutory limit for fines as determined by law?
  3. 3 Does the sentence accord with the sentencing provisions of Act 140 of 1992 for contraventions of section 5(b)?

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. Furthermore, the sentence did not comply with the provisions of Act 140 of 1992, which require a sentence of imprisonment or imprisonment and a fine for contraventions of section 5(b). The court exercised its powers under Uniform Rule 42(1)(b) to correct the sentence, substituting it with a fine of R1500.00 and 6 months imprisonment, both suspended for 5 years on condition that the accused is not convicted of further contraventions of the relevant sections during the suspension period. The corrected sentence was antedated to 20 July 2004.

Court Disposition

Conviction confirmed. Sentence set aside and substituted with a fine of R1500.00 and 6 months imprisonment, both suspended for 5 years on condition of no further contraventions. Sentence antedated to 20 July 2004.

Orders

  • The accused's conviction is confirmed.
  • The sentence imposed is set aside and substituted with a fine of R1500.00 and 6 months imprisonment, both suspended for 5 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 section 4(b) read with sections 1, 13, 17, 18,...