Mokoena v S (A272/2015) [2016] ZAGPJHC 62 (17 March 2016)

30 Reportability
Criminal Law

Brief Summary

Criminal Law — Sentencing — Appeal against sentence — Appellant pleaded guilty to possession and dealing in cocaine — Sentenced to 18 years imprisonment — Appellant's explanation centered on financial need for family — Court found no misdirection in sentencing discretion exercised by magistrate — Appeal dismissed.

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[2016] ZAGPJHC 62
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Mokoena v S (A272/2015) [2016] ZAGPJHC 62 (17 March 2016)

IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG LOCAL DIVISION,
JOHANNESBURG
Case number: A272/2015
DATE: 17 MARCH 2016
In the matter between:
MOKOENA
DIMAKATSO
......................................................................................................
Appellant
And
THE
STATE
............................................................................................................................
Respondent
JUDGMENT
SATCHWELL J:
INTRODUCTION
1. Ms Dimakatso Mokoena pleaded guilty
in the Kempton Park Magistrate’s Court of possession of and
dealing in 3980,1 g of
cocaine and was sentenced to serve a term of
18 years which she now appeals.
2. The facts were simple. Ms Mokoena
wanted to make money for the benefit of her family; she was promised
R 30 000 (thirty thousand
rand) if she went to Brazil and imported
drugs into South Africa; her suitcases were apprehended at OR Tambo
International airport;
3980 grams of cocaine were found inside.
3. Her explanation ad misericordiam was
the need for her younger brother to attend college and her wish to
pay his fees. The learned
magistrate explained in great detail the
evils of drug trafficking, pointed out that she had not been honest
about her onwards
ticket to Harare and that the law requires a heavy
sentence to be imposed.
4. I can find no misdirection and no
reason to interfere.
5. The appeal is dismissed.
DATED AT JOHANNESBURG 17th MARCH
2016
SATCHWELL J
I agree.
MOKOENA AJ
Counsel for Appellant: Adv Cosyn
Attorneys for Appellant: Legal Aid
South Africa
Counsel for Respondent: Adv Makua
Attorneys for Respondent: Office of
the DPP
Dates of hearing: 17th March 2016.
Date of judgment: 17th March 2016.