S v Jara (413/2005) [2005] ZAFSHC 48 (12 May 2005)

S v Jara (413/2005) [2005] ZAFSHC 48 (12 May 2005)

The sentence imposed by the magistrate was not in accordance with the mandatory provisions of section 17E of Act 140/1992, which compels a sentence of imprisonment for dealing in dagga. The magistrate conceded the error, and the court set aside the original sentence and substituted it with a sentence that complies with the statutory requirements: eighteen months imprisonment wholly suspended for three years on condition that the accused is not convicted of contravening section 5(b) of Act 140/1992 during the suspension period, and a further fine of R5,000 or eighteen months imprisonment.

Citation
[2005] ZAFSHC 48
Parties
Applicant: The State; Respondent: Sivuyile Sidwell Jara
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
12 May 2005
Case Number
413/2005
Procedural Posture
Review Application / Ordinary Review
Outcome
The original sentence is set aside and substituted with a competent sentence in accordance with the statute.
Judges
Ebrahim, Cillié
Legal Topics
Sentencing, Abuse of Dependence Producing Substances Act, Dealing in Dagga, Mandatory Imprisonment
Criminal Law Sentencing Abuse of Dependence Producing Substances Act Dealing in Dagga Mandatory Imprisonment

Case Brief

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Parties

The State

Applicant

Sivuyile Sidwell Jara

Respondent

Procedural Posture

Review Application / Ordinary Review

Legal Issues

  1. 1 Whether the sentence imposed for dealing in dagga complied with the mandatory requirements of section 17E of Act 140/1992.
  2. 2 Whether the sentence should be set aside and substituted with a competent sentence.

Ratio Decidendi

The sentence imposed by the magistrate was not in accordance with the mandatory provisions of section 17E of Act 140/1992, which compels a sentence of imprisonment for dealing in dagga. The magistrate conceded the error, and the court set aside the original sentence and substituted it with a sentence that complies with the statutory requirements: eighteen months imprisonment wholly suspended for three years on condition that the accused is not convicted of contravening section 5(b) of Act 140/1992 during the suspension period, and a further fine of R5,000 or eighteen months imprisonment.

Court Disposition

The original sentence is set aside and substituted with a competent sentence in accordance with the statute.

Orders

  • The sentence imposed by the magistrate is set aside.
  • The following sentence is substituted: Eighteen months imprisonment wholly suspended for three years on condition that the accused is not convicted of contravention of section 5(b) of Act 140 of 1992 committed during the period of suspension and a further R5,000 or eighteen months imprisonment.