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[2008] ZAFSHC 103
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S v Hlahane (423/08) [2008] ZAFSHC 103 (7 August 2008)
IN THE HIGH COURT
OF SOUTH AFRICA
(ORANGE FREE STATE
PROVINCIAL DIVISION)
Review No.: 423/08
In the review between:
THE
STATE
and
ISAAC BOBBY HLAHANE
_____________________________________________________
CORAM:
EBRAHIM,
J
et
VAN DER MERWE, J
JUDGEMENT:
EBRAHIM,
J
_____________________________________________________
DELIVERED ON:
7 AUGUST 2008
_____________________________________________________
[1] This is a special
review in terms of
section 304(4)
of the
Criminal Procedure Act 51 of
1977
.
[2] The presiding
officer, an acting magistrate, convicted the accused on his plea of
guilty in terms of
section 112(1)(a)
of the
Criminal Procedure Act
1977
of being in possession of 20 grams of cannabis and sentenced him
to undergo 60 (sixty) days imprisonment which was wholly suspended
conditionally for three years. The sentence is clearly incompetent
in light of the provisions of section 112 (1)(a)(i).
[3] As the proceedings
were not conducted in accordance with justice I order that the
sentence be set aside and substituted with
the following sentence:
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
11:47 AM