S v Packereysammy (48/2003)
S v Packereysammy (48/2003) [2003] ZASCA 146; 2004 (2) SACR 169 (SCA) (28 November 2003)
The Supreme Court of Appeal held that the magistrate did not misdirect himself in sentencing the appellant to 18 months' imprisonment for possession of over 6,000 abalone. The seriousness of the offence justified the sentence, and the magistrate was entitled to take judicial notice of the prevalence of abalone poaching in his jurisdiction. The appellant's personal circumstances, including his status as a first offender and the relatively small reward received, did not outweigh the gravity of the offence. The court found no irregularity or misdirection in the sentencing process and no striking…
Source excerpt
- Sentencing Discretion
- Possession Of Abalone
- Regulation 38
- First Offender
- Correctional Supervision
- Community Service