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South Africa Case Law

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Criminal Law [2005] ZAFSHC 48

S v Jara (413/2005)

S v Jara (413/2005) [2005] ZAFSHC 48 (12 May 2005)

Court
Free State High Court, Bloemfontein
Case number
413/2005
Judges
Ebrahim, Cillié

The sentence imposed by the magistrate was not in accordance with the mandatory provisions of section 17E of Act 140/1992, which compels a sentence of imprisonment for dealing in dagga. The magistrate conceded the error, and the court set aside the original sentence and substituted it with a sentence that complies with the statutory requirements: eighteen months imprisonment wholly suspended for three years on condition that the accused is not convicted of contravening section 5(b) of Act 140/1992 during the suspension period, and a further fine of R5,000 or eighteen months imprisonment.

Source excerpt

  • Sentencing
  • Abuse Of Dependence Producing Substances Act
  • Dealing In Dagga
  • Mandatory Imprisonment
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Criminal Law [2005] ZANCHC 77

S v Mtolo (23/05)

S v Mtolo (23/05) [2005] ZANCHC 77 (31 January 2005)

Court
Northern Cape High Court, Kimberley
Case number
23/05
Judges
Majiedt, Olivier

The sentence imposed by the magistrate, consisting solely of a fine or imprisonment in the alternative, was unlawful because the statute requires mandatory imprisonment for offences under section 5(b) of Act 140 of 1992. The review court has the authority to set aside the unlawful sentence and remit the matter for the imposition of a lawful and appropriate sentence, which must include imprisonment, possibly suspended, and may be accompanied by a fine. The interests of justice and fairness require that the accused be present and have an opportunity to make representations when the new sentence…

Source excerpt

  • Sentencing
  • Mandatory Imprisonment
  • Review Powers
  • Drug Offences
  • Correction Of Sentence
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.