S v Dikgoro (C44/2023) [2023] ZAGPPHC 650 (1 August 2023)
Court
North Gauteng High Court, Pretoria
Case number
C44/2023
Judge
Neukircher
High Court review correcting an incomplete magistrate’s sentence for cocaine possession, confirming a R2,000 fine paid immediately and no firearm disqualification.
S v Makutoane (116/2015) [2015] ZAFSHC 143 (24 July 2015)
Court
Free State High Court, Bloemfontein
Case number
116/2015
Judge
C Van Zyl
The High Court set aside a conviction and sentence on special review after finding gross irregularities, including failures to explain rights and comply with sentencing requirements.
S v Malmone and Another (A961/14, 826/14) [2015] ZAGPPHC 17 (9 January 2015)
Court
North Gauteng High Court, Pretoria
Case number
A961/14, 826/14
Judges
E Bertelsmann, K.M. Kubushi
The High Court confirmed guilty pleas for cannabis possession despite review irregularities, but set aside and replaced unlawful suspended fines with lawful sentences.
S v Magwaza (14/11) [2011] ZANWHC 37 (26 August 2011)
Court
North West High Court, Mafikeng
Case number
14/11
Judges
A.M. Kgoele, R.D. Hendricks
The High Court reviewed and set aside a magistrate’s conviction and sentence because section 112(1)(a) was misapplied and the fine exceeded the statutory limit.
Review of a magistrates’ court sentence for dagga possession. The High Court confirmed the conviction but set aside the fine and imposed a wholly suspended sentence.
S v Gotyana (ECJ 2004/006) [2004] ZAECHC 7 (11 March 2004)
Court
High Courts - Eastern Cape
Case number
ECJ 006/2004
Judges
C. Plasket, J.D. Pickering
The magistrate misdirected himself by relying on sentencing guidelines applicable to dealing in dagga, rather than possession. The relevant legislation does not prescribe a minimum sentence for possession of dagga. The accused was convicted of possession for personal use, not dealing. The sentence imposed—a fine of R1,000 or two years' imprisonment—was shockingly inappropriate given the small quantity involved and the accused's inability to pay, resulting in unnecessary imprisonment. The court held that a suspended sentence or a small fine with a short alternative imprisonment would have been…
S v Mokgothu (47/2002) [2002] ZANWHC 23 (13 June 2002)
Court
North West High Court, Mafikeng
Case number
47/2002
Judges
O.A. Pako, B.E. Nkabinde
On automatic review, the High Court corrected an ambiguous conviction and suspended sentence to reflect a specific contravention of section 4(a) of the Drugs and Drug Trafficking Act.