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South Africa decisions
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S v Ramone (67/2013) [2013] ZAFSHC 116; 2013 (2) SACR 596 (FB) (27 June 2013)
The High Court confirmed a drug-dealing conviction but set aside the magistrate’s sentence for wrongly making imprisonment optional by fine under section 17(e).
S v Dube (A525/09) [2009] ZAGPPHC 235 (22 June 2009)
The High Court set aside a magistrate’s sentence imposed after a guilty plea under section 112(1)(a) of the Criminal Procedure Act and remitted the matter for resentencing.
S v Mlambo (C330/04) [2004] ZAGPHC 8; 2007 (1) SACR 664 (W) (12 November 2004)
The court held that section 17(e) of the Drugs and Drug Trafficking Act 140 of 1992 requires the imposition of a sentence of direct imprisonment for dealing in dagga, and that a fine with an alternative of imprisonment may only be imposed in conjunction with such direct imprisonment, not as a standalone sentence. The wording of section 17(e) is materially different from other penalty provisions in the Act, and the legislative intent is clear that dealing in dagga should be punished more severely than lesser offences. Previous decisions to the contrary were wrongly decided and should not be fo…
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