S v Thameng (19/2001) [2001] ZANWHC 20 (5 April 2001)

S v Thameng (19/2001) [2001] ZANWHC 20 (5 April 2001)

The reviewing judge found that the special circumstances of the case justified a reduction in the fines imposed for both counts. The conviction was confirmed, but the sentences were set aside and substituted with lower fines, reflecting a more appropriate punishment given the facts and the accused's situation.

Citation
[2001] ZANWHC 20
Parties
Respondent: The State; Applicant: Roselinah Thameng
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
5 April 2001
Case Number
19/2001
Procedural Posture
Review Application / Sentence Review
Outcome
Conviction confirmed; sentences set aside and substituted with reduced fines and alternative imprisonment.
Judges
M.T.R. Mogoeng
Legal Topics
Sentencing Review, Dealing in Dagga, Unlicensed Liquor Sale, Magistrates Court Sentences
Criminal Law Sentencing Review Dealing in Dagga Unlicensed Liquor Sale Magistrates Court Sentences

Case Brief

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Parties

The State

Respondent

Roselinah Thameng

Applicant

Procedural Posture

Review Application / Sentence Review

Legal Issues

  1. 1 Whether the fines imposed for dealing in dagga and liquor without a licence were appropriate under the special circumstances of the case.
  2. 2 Whether the sentence should be reduced in light of the circumstances presented.

Ratio Decidendi

The reviewing judge found that the special circumstances of the case justified a reduction in the fines imposed for both counts. The conviction was confirmed, but the sentences were set aside and substituted with lower fines, reflecting a more appropriate punishment given the facts and the accused's situation.

Court Disposition

Conviction confirmed; sentences set aside and substituted with reduced fines and alternative imprisonment.

Orders

  • Count 1: The sentence is substituted with R1 200.00 or 12 months imprisonment.
  • Count 2: The sentence is substituted with R300.00 or 3 months imprisonment.