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[2008] ZAFSHC 107
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S v Sekati (427/08) [2008] ZAFSHC 107 (7 August 2008)
IN THE HIGH COURT
OF SOUTH AFRICA
(ORANGE FREE STATE
PROVINCIAL DIVISION)
Review No.: 427/08
In the review between:
THE
STATE
and
PETER APRIL SEKATI
_____________________________________________________
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 of the
contravention of section 4(b) of the Drugs Trafficking
Act 140 of
1992 in respect of the possession of 21 grams of dagga on his plea of
guilty in terms of
section 112(1)(a)
of the
Criminal Procedure Act.
The
presiding officer then proceeded to sentence the accused to 60
(sixty) days imprisonment which was then wholly suspended for three
years on conditions. The sentence is wholly 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. In its place 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
11:13 AM