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
>>
2008
>>
[2008] ZAFSHC 97
|
|
S v Mahlangu (418/08) [2008] ZAFSHC 97 (7 August 2008)
IN THE HIGH COURT
OF SOUTH AFRICA
(ORANGE FREE STATE
PROVINCIAL DIVISION)
Review No.: 418/08
In the review between:
THE
STATE
and
PAPI JOHANNES
MAHLANGU
_____________________________________________________
CORAM:
EBRAHIM,
J
et
VAN
DER MERWE, J
JUDGEMENT:
EBRAHIM,
J
_____________________________________________________
DELIVERED ON:
7 AUGUST 2008
_____________________________________________________
[1] This is a review in
terms of
section 304(4)
of the
Criminal Procedure Act 51 of 1977
.
The accused was convicted of a contravention of
section 4(b)
of the
Drugs and Drug Trafficking 140 of 1992 for being in possession of 21
grams of cannabis.
[2] The presiding officer
who was an acting magistrate at the time convicted the accused on his
plea of guilty in terms of
section 112(1)(a)
of the
Criminal
Procedure Act.
>
[3] The presiding officer
then proceeded to sentence the accused to a term of 60 (sixty) days
imprisonment wholly suspended for
three years on conditions, which is
an incompetent sentence in light of the provision of subsection
112(1)(a)(i).
[4] The proceedings are
clearly not in accordance with justice. Accordingly it is ordered
that the sentence be set aside and substituted
with the following:
A sentence of R300,00 or
30 (thirty) days imprisonment is imposed, wholly suspended for 3
(three) years on condition that the accused
is not convicted of a
contravention of subsection 4(b) of the Drugs and Drug Trafficking
Act 140/1992 committed during the period
of suspension.
_____________
S. EBRAHIM, J
I
concur.
________________________
C.H.G. VAN DER MERWE,
J
/sp
2008/08/01
11:49 AM