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South Africa: Free State High Court, Bloemfontein
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2004
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[2004] ZAFSHC 158
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S v Fihlo (1105/2004) [2004] ZAFSHC 158 (19 August 2004)
IN THE HIGH COURT
OF SOUTH AFRICA
(ORANGE
FREE STATE PROVINCIAL DIVISION)
Review no: 1105/2004
In
the review of:
THE
STATE
and
CECILIA
MAMOKGOBI FIHLO
_____________________________________________________
CORAM:
LOMBARD
et
VAN
COPPENHAGEN JJ
_____________________________________________________
JUDGMENT:
LOMBARD
J
_____________________________________________________
DELIVERED
ON:
19 AUGUST 2004
_____________________________________________________
The accused was properly convicted of possessing 0,022
gram dagga (contravening section 4 (b) of Act 140 of 1992) and was
sentenced
to R3000.00 or 18 months imprisonment.
The sentence is in my view so disturbingly inapproriate
that it must be interfered with. The accused is 43 years old, she is
unmarried
and has 2 children to support. She has one previous
conviction for possession of dagga
for which she was during November 2003 sentenced to a fine of R700,00
or 3 months imprisonment.
In
the circumstances the conviction is confirmed but the sentence is set
aside and substituted with the following:
R1000,00 or 4 months imprisonment.
The
sentence will be regarded as having been imposed on 25 June 2004.
_______________
D.J. LOMBARD J
I concur:
_______________________
G. VAN COPPENHAGEN J
/ec