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[2004] ZANCHC 70
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S v Janes (340/04) [2004] ZANCHC 70 (3 September 2004)
Reportable: Yes /
No
Circulate to
Judges: Yes / No
Circulate
to Magistrates: Yes / No
IN THE HIGH COURT
OF SOUTH AFRICA
(Northern
Cape Division)
High
Court Review Case No: 340/04
Magistrate
Case No: L63/04
Date
delivered: 2004-09-03
In
the review matter of
:
THE
STATE
versus
ALFRED
JANES ACCUSED
Coram
:
MAJIEDT J
et
LACOCK
J
JUDGEMENT
ON REVIEW
MAJIEDT
J:
The
accused was convicted of a contravention of the provisions contained
in section 5(b) of Act 140 of 1992 i.e. unlawful dealing
in dagga.
He was sentenced to a fine of R2000.00 or in default of payment to 6
months imprisonment. The entire sentence was suspended
for a period
of 5 years on certain conditions.
I
had queried the magistrate on automatic review as follows:
Was the
magistrate correct in invoking the provisions of sec. 112(1)(a)?
The
sentence (fine) imposed exceeds the statutory limit determined by the
Minister in Government Notice R239 of 14 February 2003 in
Government
Gazette nr. 24393 which was fixed in the sum of R1500.00
The
magistrate has now conceded in reply that he has erred insofar as the
fine exceeds the statutory limit determined by law and requests
that
the fine imposed be reduced in accordance with the prescribed
statutory limit.
As
indicated in my review query, quoted above, the statutory limit
determined by the Minister, is R1500.00. Consequently the
concession
by the magistrate is well made and the sentence imposed
should be corrected accordingly.
I
make the following order:
4.1 The
accusedâs conviction is confirmed.
4.2 The
sentence imposed is set aside and substituted with the following:
THE ACCUSED IS SENTENCED TO PAY A FINE OF R1500.00 (ONE
THOUSAND FIVE
HUNDRED RAND) OR IN DEFAULT OF PAYMENT TO UNDERGO 6 (SIX) MONTHS
IMPRISONMENT. THE ENTIRE SENTENCE IS SUSPENDED FOR
A PERIOD OF 5
(FIVE) YEARS ON CONDITION THAT THE ACCUSED IS NOT CONVICTED OF
CONTRAVENING SECTION 5(b) READ WITH SECTION 1,
13, 17, 18, 20,
21 AND 25 OF ACT 140/1992 OR SECTION 4(b) READ WITH SECTIONS 1, 13,
17, 18, 20, 21 AND 25 OF ACT 140/1992 WHICH
IS COMMITTED DURING THE
PERIOD OF SUSPENSION.
4.3 THE
SENTENCE IS ANTEDATED TO 20 JULY 2004.
___________
SA
MAJIEDT
JUDGE
I
concur.
____________
HJ
LACOCK
JUDGE