CASE
NO.CR.94/96 and
CR
95/96
IN
THE HIGH COURT OF NAMIBIA
THE
STATE
versus
ALFRED
URI-KHOB
(HIGH
COURT REVIEW CASE NO. 1919/96)
THE
STATE
versus
PETRUS
PLAATJIES
(HIGH
COURT REVIEW CASE NO. 1920/96)
CORAM: STRYDOM,
J.P. et FRANK, J.
Delivered
on: 1996.06.19
REVIEW
JUDGMENT
FRANK, J.
: These
are two review matters. In both the
matters
the accused were convicted of the possession of dagga or cannabis
contrary to the provisions of section 2(b) of Act 41 of 1971. Both
accused were convicted pursuant to pleas of guilty and the resultant
questioning in terms of section 112(1) (b) . Both were first
offenders and both were sentenced to seven months imprisonment. In
the Uri-Khob case the quantity involved was 10 grams and in the
Plaatjies case it was 45 grams.
In
the Plaatjies case the accused, a 43 year old male,
indicated that he was employed and could pay a fine whereas in the
Uri-Khob matter the 24 year old male accused did not place anything
about his ability to pay a fine before Court. He did however state
that he was unemployed.
The
general rule is that first offenders convicted of the
possession
of a relatively small quantity of dagga are not
sentenced to
imprisonment without an alternative if at all
possible. In general
a first offender faces a fine with
imprisonment as the
alternative. Where
a fine is
inappropriate
a suspended sentence of imprisonment is normally imposed.
As
both the accused were sentenced on 5th June, 1996 they have already
served part of the sentence imposed and I therefore do not consider
the imposition of a fine.
In
the result in both matters the sentences are set aside and
substituted with the following sentence:
Each
accused is sentenced to four (4) months imprisonment three (3)
whereof are suspended for three (3) years on condition that the
accused is not convicted of contravening section 2(b) of Act 41 of
1971 committed within the period of suspension.
S v Uri-Khob S v Plaatjies (CR 94/96 & CR 95/96) [1996] NAHC 52 (19 June 1996);