S v Nkabinde (1379/04) [2003] ZAFSHC 33 (23 September 2003)

S v Nkabinde (1379/04) [2003] ZAFSHC 33 (23 September 2003)

The sentence imposed by the magistrate was incompetent as it provided only an option of a fine or imprisonment, without an additional suspended term of imprisonment as required by settled law in the Province. The court found that the fine of R4000,00 was appropriate given the large quantity of dagga involved, but the sentence needed to be supplemented with a wholly suspended term of imprisonment to comply with legal requirements. The court substituted the sentence accordingly.

Citation
[2003] ZAFSHC 33
Parties
Respondent: THE STATE; Applicant: PHILLIMON NKABINDE
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
23 September 2003
Case Number
1379/04
Procedural Posture
Review Application / Review of Magistrate's Sentence
Outcome
The original sentence is set aside and substituted with a competent sentence including a suspended term of imprisonment.
Judges
Musi, Ebrahim
Legal Topics
Sentencing, Dealing in Dagga, Criminal Procedure, Suspended Sentence
Criminal Law Sentencing Dealing in Dagga Criminal Procedure Suspended Sentence

Case Brief

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Parties

THE STATE

Respondent

PHILLIMON NKABINDE

Applicant

Procedural Posture

Review Application / Review of Magistrate's Sentence

Legal Issues

  1. 1 Whether it is competent to impose only an option of a fine for dealing in dagga under section 5(b) of Act 140 of 1992.
  2. 2 What is the appropriate sentence structure for a conviction of dealing in dagga.

Ratio Decidendi

The sentence imposed by the magistrate was incompetent as it provided only an option of a fine or imprisonment, without an additional suspended term of imprisonment as required by settled law in the Province. The court found that the fine of R4000,00 was appropriate given the large quantity of dagga involved, but the sentence needed to be supplemented with a wholly suspended term of imprisonment to comply with legal requirements. The court substituted the sentence accordingly.

Court Disposition

The original sentence is set aside and substituted with a competent sentence including a suspended term of imprisonment.

Orders

  • The accused is sentenced to a fine of R4000,00 or 8 months imprisonment, plus an additional 12 months imprisonment which is wholly suspended for 4 years on condition that the accused is not convicted of a contravention of section 5(b) read with the other relevant sections of Act 140 of 1992, committed during the...