S v Mothabeng (A299/2015) [2015] ZAGPPHC 296 (12 May 2015)

The court found that the error in the conviction regarding the weight of dagga was purely typographical and did not affect the substance of the conviction or the sentence. The conviction was amended to reflect the correct weight of 5.67 kg, and the sentence was confirmed as appropriate.

Citation: [2015] ZAGPPHC 296
Parties: Respondent: The State; Appellant: Dikheto Mothabeng
Court: North Gauteng High Court, Pretoria
Jurisdiction: South Africa
Judgment Date: 12 May 2015
Case Number: A299/2015
Procedural Posture: Review Application / Review Judgment
Outcome: Conviction amended to reflect correct weight of dagga; sentence confirmed.
Judges: R G Tolmay, C Pretorius
Legal Topics: Possession of Dagga, Contravention of Drugs and Drug Trafficking Act, Typographical Error in Conviction

Criminal Law Possession of Dagga Contravention of Drugs and Drug Trafficking Act Typographical Error in Conviction

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Respondent

Dikheto Mothabeng

Appellant

Procedural Posture

Review Application / Review Judgment

Legal Issues

1 Whether the conviction should be amended to reflect the correct weight of dagga found in possession of the accused.
2 Whether the typographical error in the conviction affects the validity of the sentence imposed.

Ratio Decidendi

Court Disposition

Conviction amended to reflect correct weight of dagga; sentence confirmed.

Orders

The conviction is set aside and amended to read: 'The accused is found guilty of contravention of section 4(b) of Act 140 of 1992 - possession of 5.67 kg of dagga.'
The sentence is confirmed.