S v Smith (321/1987) [1987] ZASCA 75; [1987] 2 All SA 440 (A) (26 August 1987)

S v Smith (321/1987) [1987] ZASCA 75; [1987] 2 All SA 440 (A) (26 August 1987)

The court held that the formal admission made by the appellant's attorney during trial regarding the nature and contents of the Obex tablets rendered the affidavit's admissibility irrelevant. There was no evidence that the attorney was misled or that the admission was incorrect. The court further held that the amendment to section 2 of Act 41 of 1971, which abolished the minimum sentence for the offence, did not apply retrospectively, as it came into force after the appellant's conviction and sentence. The authorities cited by the appellant were distinguishable, and the court was not competent to interfere with the sentence imposed. Accordingly, the appeal was dismissed.

Citation
[1987] ZASCA 75
Parties
Appellant: Darryl Wayne Smith; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 August 1987
Case Number
321/1987
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
Appeal dismissed.
Judges
Viljoen, Nestadt, Steyn
Legal Topics
Admissibility of Evidence, Statutory Interpretation, Retrospective Application of Law, Minimum Sentences
Criminal Law Admissibility of Evidence Statutory Interpretation Retrospective Application of Law Minimum Sentences

Case Brief

Summary, issues, holding and outcome

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Parties

Darryl Wayne Smith

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the affidavit under section 212 of Act 51 of 1977 regarding the presence of Phendimetrazine in the tablets was admissible.
  2. 2 Whether the formal admission during trial relieved the State of the burden to prove the nature and contents of the tablets.
  3. 3 Whether the amendment to section 2 of Act 41 of 1971, which removed the minimum sentence, applied retrospectively to the appellant's sentence.

Ratio Decidendi

The court held that the formal admission made by the appellant's attorney during trial regarding the nature and contents of the Obex tablets rendered the affidavit's admissibility irrelevant. There was no evidence that the attorney was misled or that the admission was incorrect. The court further held that the amendment to section 2 of Act 41 of 1971, which abolished the minimum sentence for the offence, did not apply retrospectively, as it came into force after the appellant's conviction and sentence. The authorities cited by the appellant were distinguishable, and the court was not competent to interfere with the sentence imposed. Accordingly, the appeal was dismissed.

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.