S v Stuurman (80060) [2008] ZAECHC 119 (7 May 2008)

S v Stuurman (80060) [2008] ZAECHC 119 (7 May 2008)

The court found that the accused intended to plead guilty to the alternative charge of possession or use of cannabis, not to the main charge of dealing in cannabis. The magistrate's record incorrectly reflected conviction on the main charge due to oversight. The magistrate provided reasons confirming the conviction should have been on the alternative charge and requested correction of the record. The court held that it was appropriate to amend the record to reflect conviction on the alternative charge and confirmed that the sentence imposed was in accordance with the law for the alternative charge. The conviction and sentence were thus regular and the record was ordered to be corrected.

Citation
[2008] ZAECHC 119
Parties
Appellant: Johannes Stuurman; Respondent: Staat
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
7 May 2008
Case Number
080060
Procedural Posture
Review Application / Judgment
Outcome
Conviction amended to reflect the alternative charge; sentence confirmed.
Judges
Liebenberg R, Jansen R
Legal Topics
Drug Offences, Plea and Conviction, Record Correction
Criminal Law Drug Offences Plea and Conviction Record Correction

Case Brief

Summary, issues, holding and outcome

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Parties

Johannes Stuurman

Appellant

Staat

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the accused was correctly convicted on the alternative charge of possession or use of cannabis rather than the main charge of dealing in cannabis.
  2. 2 Whether the record should be corrected to reflect the conviction on the alternative charge.
  3. 3 Whether the sentence imposed was appropriate for the alternative charge.

Ratio Decidendi

The court found that the accused intended to plead guilty to the alternative charge of possession or use of cannabis, not to the main charge of dealing in cannabis. The magistrate's record incorrectly reflected conviction on the main charge due to oversight. The magistrate provided reasons confirming the conviction should have been on the alternative charge and requested correction of the record. The court held that it was appropriate to amend the record to reflect conviction on the alternative charge and confirmed that the sentence imposed was in accordance with the law for the alternative charge. The conviction and sentence were thus regular and the record was ordered to be corrected.

Court Disposition

Conviction amended to reflect the alternative charge; sentence confirmed.

Orders

  • The words 'soos aangekla' following the entry of 'guilty' on the record are deleted and replaced with 'on the alternative charge'.
  • The sentence is confirmed.