About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Free State High Court, Bloemfontein
SAFLII
>>
Databases
>>
South Africa: Free State High Court, Bloemfontein
>>
2018
>>
[2018] ZAFSHC 216
|
|
S v Hoffmeester (R347/2018) [2018] ZAFSHC 216 (24 December 2018)
IN
THE HIGH COURT OF SOUTH AFRICA,
FREE STATE DIVISION,
BLOEMFONTEIN
Review
No.: R347/2018
In
the review of:-
THE
STATE
And
RHENNYN
MAKAM HOFFMEESTER
CORAM:
MUSI, AJP
JUDGMENT
BY:
MUSI,
AJP
DELIVERED
ON:
24
December 2018
[1]
This matter was referred on special review by the acting senior
magistrate, Bloemfontein.
[2]
The accused was convicted of contravening section 4(b) of Act 140 of
1992 – possession of dagga. He was sentenced
as follows:
“
Today
I consider R300 or 15 days, suspended for 3 years to be an
appropriate sentence, which I will then suspend… is suspended
for 3 years on condition that you are not found guilty of
contravention of section 4(b) Act 140 of 1992 during the period of
suspension.”
[3]
The acting senior magistrate correctly points out that the condition
of suspension is too wide and vague. If the accused
is in
future convicted for contravening section 4(b) of Act 140 of 1992
which was committed before he was convicted for this offence
this
suspended sentence could be put into operation.
[4]
The accused would obviously be prejudiced. The sentence ought to be
amended.
[5]
The acting senior magistrate further requests that the conviction be
set aside due to the decision of the Constitutional court
in
Minister
of Justice and Constitutional Development v Prince
(CCT108/18
[2018] ZACC 30.
[6]
This accused was sentenced on 12 September 2018. The
Constitutional court judgment was delivered on 18 September 2018.
The order is clear and unambiguous that the qualified invalidity of
section 4(b) is only with effect from the date of the handing
down of
the judgment of the Constitutional court.
[7]
The accused admitted that he possessed dagga. The weight
thereof is of no moment.
[8]
The conviction if therefore in order and is confirmed.
[9] The sentence is amended to read as
follows:
R300.00
or 15 days imprisonment which is suspended for 3 years on condition
that the accused is not convicted of contravening section
4(b) of Act
140 of 1992 committed during the period of suspension.
____________
C.
J. MUSI, J