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South Africa: Free State High Court, Bloemfontein
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2004
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[2004] ZAFSHC 135
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S v Mosheshe (816/2004) [2004] ZAFSHC 135 (1 July 2004)
IN THE HIGH
COURT OF SOUTH AFRICA
(ORANGE
FREE STATE PROVINCIAL DIVISION)
Review
No.: 816/2004
In
the review between:
THE
STATE
and
PAKISO
MOSHESHE
___________________________________________________________
CORAM:
MALHERBE
JP
___________________________________________________________
DELIVERED
ON:
1 JULY 2004
___________________________________________________________
The accused is a 28-year old first offender who pleaded
guilty to a charge of dealing in 104,4 kilograms dagga. He was duly
convicted
and sentenced as follows:
âR8 000 or 24 monthsâ imprisonment. A further 12 monthsâ
imprisonment wholly suspended for 5 years on condition that the
accused
is not found guilty of contravening section 5(b) with other
section Act 140/1992 during the period of suspension.â
It appears from the record that the accused had bought
the dagga in Lesotho and was conveying it in a vehicle in the
district of Ladybrand
when the vehicle was stopped and searched by
the Police. He intended selling the dagga, obviously to make a
living as both he and
his wife were unemployed. He had never been to
school.
I agree that the option of a fine is appropriate for a
first offender. Even if the amount of the fine is effectively beyond
an accusedâs
means, the alternative period of imprisonment should
be reasonable in relation to the fine. In my view the present case
is an illustration
where the probable effective sentence is 24
monthsâ imprisonment, which is too long.
Apart from the above, the grammar of the sentence does
not make sense. The Magistrateâs handwriting is difficult to read.
The
typed version was obviously not checked thoroughly.
In
the premises the following orders are made:
1. The
conviction is confirmed.
2. The
sentence is set aside and replaced by the following:
âA fine of R8 000 or 12 monthsâ imprisonment. A further 12
monthsâ imprisonment is wholly suspended for 4 years on condition
that the accused is not convicted of contravening section 5(b) of Act
140 of 1992, committed during the period of suspension.â
___________________
J.P. MALHERBE, JP
/scd