South Africa Case Law

S v Msomi (R169/2019)

S v Msomi (R169/2019) [2019] ZAFSHC 210 (7 November 2019)

Court

Free State High Court, Bloemfontein

Case number

R169/2019

Judges

Loubser, Murray

The court found that the sentence imposed by the relief magistrate was incompetent because it provided an alternative of a fine to imprisonment, contrary to the statutory requirements for dealing in dagga. The correct approach is to impose imprisonment, which may be suspended, and a fine may only be imposed in addition to imprisonment. The court replaced the sentence to align with the statutory framework and the intention of the trial magistrate, confirming the conviction and imposing a fine together with a wholly suspended term of imprisonment, with conditions attached.

Source excerpt

• Sentencing Incompetence
• Drugs And Drug Trafficking Act
• Review Proceedings
• Forfeiture Of Property

S v Elshazly (535/2008)

S v Elshazly (535/2008) [2008] ZAFSHC 114 (25 September 2008)

Court

Free State High Court, Bloemfontein

Case number

535/2008

Judges

B. C. Mocumie, M. H. Rampai

High Court special review of an Immigration Act conviction. The conviction was confirmed, but the magistrate’s sentence was set aside and replaced with a lawful sentence.

• Immigration Act Offences
• Sentencing Incompetence
• Special Review Procedure
• Immigration-act-offences
• Sentencing-incompetence
• Special-review-procedure

S v Sekati (427/08)

S v Sekati (427/08) [2008] ZAFSHC 107 (7 August 2008)

Court

Free State High Court, Bloemfontein

Case number

427/08

Judges

S. Ebrahim, C.H.G. Van der Merwe

On review, the High Court set aside an incompetent sentence imposed after a guilty plea for dagga possession and replaced it with a lawful suspended sentence.

• Drug Possession
• Criminal Procedure Act Section 304
• Drugs And Drug Trafficking Act Section 4b
• Sentencing Incompetence
• Criminal-law
• Sentencing

S v Molaoa (425/08)

S v Molaoa (425/08) [2008] ZAFSHC 105 (7 August 2008)

Court

Free State High Court, Bloemfontein

Case number

425/08

Judges

Ebrahim, Van der Merwe

On special review, the High Court set aside an incompetent sentence imposed after a guilty plea and substituted a competent suspended sentence.

• Criminal Procedure Act
• Plea Of Guilty
• Sentencing Incompetence
• Suspended Sentence
• Criminal-procedure
• Guilty-plea

S v Tsoeliane (170/08)

S v Tsoeliane (170/08) [2008] ZAFSHC 19 (4 April 2008)

Court

Free State High Court, Bloemfontein

Case number

170/08

Judge

C.J. Musi

High Court special review confirming a conviction for dealing in dagga, but setting aside an incompetent sentence and remitting the matter for proper sentencing.

• Drug Offences
• Sentencing Incompetence
• Review Procedure
• Criminal-law
• Drug-offences
• Sentencing