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South Africa decisions
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Brass v S (A109/2015) [2016] ZAGPPHC 96 (23 February 2016)
Appeal court set aside a three-year sentence for methamphetamine possession, finding the magistrate failed to properly consider rehabilitation and the drug problem.
S v Kemp (44/2016, RCPE1478/13, 20160004) [2016] ZAECGHC 58 (17 February 2016)
The sentence imposed by the regional magistrate, referring the accused to a rehabilitation centre under section 296(1) of the Criminal Procedure Act, proved unworkable due to systemic failures and lack of coordination between the Department of Social Development and Correctional Services. The accused was detained for 19 months without receiving the intended rehabilitation, which undermined the purpose of the sentence and failed both the accused and his family. The reviewing court found that the sentence did not fully comply with the procedural requirements of the Substance Abuse Act, particul…
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S v Fullard (12/2010_) [2010] ZAWCHC 38 (12 March 2010)
Automatic review of a magistrate’s drug-dependency order confirmed, but the High Court condemned a nearly four-year delay in the investigation.
Van Wyk v S (CA 56/09) [2010] ZANWHC 2 (18 February 2010)
The court found that the appellant's history of alcohol dependency, positive response to rehabilitation, and the nature of his offence made him suitable for rehabilitation rather than direct imprisonment. Two of his previous convictions were more than ten years old, and he was convicted for exceeding the statutory blood alcohol limit, not for drunken driving per se. The trial court misdirected itself by not considering correctional supervision or commitment to a rehabilitation centre. The appeal against sentence was upheld, and the appellant was committed to a rehabilitation centre under sect…
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S v Schlebusch (116/92) [1993] ZASCA 131 (23 September 1993)
Appeal against sentence allowed: a prison term for attempted car theft was replaced with rehabilitation and a wholly suspended sentence, given drug dependency.
S v Reay (161/86) [1986] ZASCA 135 (27 November 1986)
A drug-dependent first offender’s prison sentences for pharmacy burglaries were replaced with suspended sentences and compulsory rehabilitation.
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