S v Solomons (567/92) [1993] ZASCA 187 (29 November 1993)

S v Solomons (567/92) [1993] ZASCA 187 (29 November 1993)

The court found that the appellant's explanation for possession of the marked coin was improbable and not reasonably possibly true when considered in the context of all the evidence. The trial court's acceptance of the single witness's testimony was justified, and the appellant was correctly convicted of dealing in two 'stoppe' dagga. However, the evidence did not establish beyond reasonable doubt that the appellant was in possession of the 38 'stoppe' dagga found under a stone, as there was insufficient linkage between the two 'stoppe' sold and the larger quantity discovered. The conviction for possession of the 38 'stoppe' was set aside. Given the reduced scope of the conviction, the...

Citation
[1993] ZASCA 187
Parties
Appellant: Walter Solomons; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 November 1993
Case Number
567/92
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence in the Wynberg Magistrate's Court, Confirmed by the Cape Provincial Division, With Leave to Appeal Granted to the Supreme Court of Appeal.
Outcome
Appeal partially succeeds. Conviction amended to dealing in two 'stoppe' dagga only. Sentence reduced to two years' imprisonment, one year concurrent with previously activated suspended sentence.
Judges
Van Coller, Van Heerden, Smalberger
Legal Topics
Drug Offences, Possession of Illegal Substances, Credibility of Single Witness, Appeal on Sentence, Evidence Evaluation
Criminal Law Drug Offences Possession of Illegal Substances Credibility of Single Witness Appeal on Sentence Evidence Evaluation

Case Brief

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Parties

Walter Solomons

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence in the Wynberg Magistrate's Court, Confirmed by the Cape Provincial Division, With Leave to Appeal Granted to the Supreme Court of Appeal.

Legal Issues

  1. 1 Whether the appellant was correctly convicted of dealing in two and thirty-eight 'stoppe' of dagga.
  2. 2 Whether the appellant's explanation for possession of the marked coin was reasonably possibly true.
  3. 3 Whether the evidence established possession of the 38 'stoppe' dagga beyond reasonable doubt.

Ratio Decidendi

The court found that the appellant's explanation for possession of the marked coin was improbable and not reasonably possibly true when considered in the context of all the evidence. The trial court's acceptance of the single witness's testimony was justified, and the appellant was correctly convicted of dealing in two 'stoppe' dagga. However, the evidence did not establish beyond reasonable doubt that the appellant was in possession of the 38 'stoppe' dagga found under a stone, as there was insufficient linkage between the two 'stoppe' sold and the larger quantity discovered. The conviction for possession of the 38 'stoppe' was set aside. Given the reduced scope of the conviction, the...

Court Disposition

Appeal partially succeeds. Conviction amended to dealing in two 'stoppe' dagga only. Sentence reduced to two years' imprisonment, one year concurrent with previously activated suspended sentence.

Orders

  • The conviction for dealing in 38 'stoppe' dagga is set aside.
  • The conviction is amended to dealing in two 'stoppe' dagga only.