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S v Thameng (19/2001) [2001] ZANWHC 20 (5 April 2001)

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CA NO. 19/2001

IN THE HIGH COURT OF SOUTH AFRICA

(BOPHUTHATSWANA PROVINCIAL DIVISION)


In the matter between:

THE STATE


and


ROSELINAH THAMENG



_______________________________________________________________________


REVIEW JUDGMENT

_______________________________________________________________________


MOGOENG J.



[1] The accused was correctly convicted of (i) count 1: dealing in dagga; and (ii) count 2: dealing in liquor without a licence. The sentence of R2 400.00 or 12 months imprisonment and R600.00 or 3 months imprisonment were imposed for counts 1 and 2 respectively.


[2] Leeuw J queried the appropriateness of the fine. In response the learned Magistrate proposed that the sentence be reduced to R1 800.00 or 12 months imprisonment and R300.00 or 3 months imprisonment respectively.


[3] I agree that the special circumstances of this case warrant the reduction of the fine. The conviction is confirmed and the sentence is set aside and substituted by the following:


“Count 1: R1 200.00 or 12 months imprisonment;


Count 2: R300.00 or 3 months imprisonment.”






M.T.R. MOGOENG

JUDGE OF THE HIGH COURT



DATED: 05 APRIL 2001

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