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
>>
2004
>>
[2004] ZAFSHC 137
|
|
S v Matjoi (1176/2004) [2004] ZAFSHC 137 (26 August 2004)
IN THE HIGH
COURT OF SOUTH AFRICA
(ORANGE
FREE STATE PROVINCIAL DIVISION)
Review
No: 1176/2004
In
the review of:
THE
STATE
versus
JONAS
MATJOI
CORAM:
VAN
COPPENHAGEN J
et
WRIGHT J
JUDGMENT:
VAN
COPPENHAGEN J
DELIVERED ON:
26
AUGUST 2004
[1] The accused, a 50-year old, unemployed male was
arraigned for convening section 4(b) and read with sections 1, 4,
13(d), 17(d),
18, 19, 20, 25, 35, 64 and part 3 of schedule 2 of Act
140 of 1992, i.e. that on 16 June 2004 he was illegally in possession
of 13,7
gram of dagga.
He pleaded guilty to the charge and was properly
convicted.
A fine of R3 000,00 or 2 years imprisonment was imposed
as sentence.
[2] Given the accused unblemished record, age, the
quantity of dagga involved and the accusedâs state of health, I
considered the
sentence harsh and requested the magistrate to furnish
reasons therefore.
[3] A note on the covering sheet of the record of the
proceedings confirmed that the fine was not paid by the accused,
understandably
so, bearing in mind that he is unemployed and of ill
health.
[4] The legislature clearly distinguished as far as
sentence is concerned between trading in dagga and possession of
dagga, a distinction
which found pertinent application in judicial
pronouncements.
Sentences imposed in other matters for similar offences
can at best be considered as informative. Informative as they are,
same indicates
a far lesser sentence than imposed by the magistrate.
(cf.
S v MASIA
1997 (2) SACR 687
O;
S v MARKUS
1997 (2) SACR 538
C;
S v WILLIAMS
1997 (1) SACR 217
C and
S v SOKWELITI
2002 (1) SACR 632.)
[
5
]
The
sentence imposed, considering the facts as set out hereinbefore, must
be altered and the following order is made.
The conviction is confirmed.
The sentence imposed is set aside and replaced by the
following:
â
A
Fine of R500,00 or 4 months imprisonment totally suspended for 3
years on condition that the accused is not during the period of
suspension convicted on a charge of contravening section 4(b) of Act
140 of 1992â.
_________________________
G. VAN COPPENHAGEN J
I
AGREE:
________________
G.
F. WRIGHT J
/
ec