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Mossel Bay buy cocaine
The appellant is the sole caregiver and biological mother of three minor children. On 24 September she was found in possession of mandrax tablets stored in a sealed box in her luggage after the bus in which she was travelling from Potchefstroom to Mossel Bay was intercepted by the South African Police just outside Beaufort West. The charge sheet reflects that the appellant was found in possession of 7 mandrax tablets with a street value of R The appellant pleaded guilty as charged. Her written plea explanation in terms of s of the Criminal Procedure Act, 2 read out by her legal representative, was that she had been looking for work and a friend whom she had approached offered her the opportunity to transport, purportedly for a company called Herbal Life, one of its packages from Potchefstroom to Mossel Bay for which she would be paid R3 However just before she boarded the bus she was made aware by the person who handed the box to her that it contained mandrax tablets. However no evidence was led by the State to prove the street value of the drugs seized and accordingly, and although this was also set out in the charge sheet, the provisions of s 51 2 a read with Part II of Schedule 2 of the Criminal Law Amendment Act 4 did not apply. There was also no evidence before the trial court that the appellant was aware of the quantity of mandrax tablets in the box in her possession prior to her arrest. In her plea explanation the appellant further stated:. I know what I did was wrong and punishable by a court of law and the consequences of pleading guilty. I am extremely sorry for my actions and have deep regret and remorse that is why I am pleading guilty and accept the fact that I must take responsibility for my actions. I herewith place full confidence in our Criminal Justice system by playing open cards with the Honourable court and trust that the Honourable court will deal with me accordingly. I am 31 years old and have no pending cases. I am unemployed and have 3 children age 12 years, 8 years, 4 years old and as well as an elderly mother whom I maintain. I pray the Court will have mercy on me when handing down sentence. He informed her that the appellant was the sole breadwinner of her children and elderly ill mother who, it appears from the record, all resided with the appellant in Shoshanguve, which is situated about 30km north of Pretoria. She stated:. Urgent removal has to be done. There was simply no evidence before the trial court to support this. The magistrate then proceeded to make an order in terms of s On appeal before us it was common cause that she erred in this regard. There is a long line of authority that although the aforementioned subsection provides that the court must impose a term of imprisonment, it does not preclude the total or partial suspension thereof. Second, she ordered summary removal of the children before sentencing, and not as a consequence of the sentence she ultimately imposed. This is because, as I have said, she made a fundamental error of fact in finding that the appellant had been dealing in drugs in the home which she shared with the children. Not only was correctional supervision an option 7 but indeed, if such authority exists, it would not only offend against the paramountcy principle in relation to the best interests of minor children enshrined in s 28 2 of the Constitution, but would also go against the ambit of the duty of a sentencing court outlined by the Constitutional Court in S v M. The purpose of emphasising the duty of the sentencing court to acknowledge the interests of the children, then, is not to permit errant parents unreasonably to avoid appropriate punishment. Rather, it is to protect the innocent children as much as is reasonably possible in the circumstances from avoidable harm. There is also nothing on the record to indicate if the children were summarily removed from their home and maternal grandmother just over 1 km away and it is particularly aggravating that these are young children. We were informed during the appeal by agreement between the parties that the children have in fact not been removed and are currently still with their maternal grandmother, although they are largely having to fend for themselves. Fourth, given her material error of law, the magistrate did not even consider the partial suspension of the sentence she imposed. Put differently, in all the circumstances of this case there was regrettably a grave miscarriage of justice, and the sentence must be set aside. Upon careful consideration I have come to the conclusion that the latter option, in the particular circumstances of this case, is appropriate. Such a term appears to be in line with a number of decided cases to which we were referred and which acknowledge the gravity of offences in terms of the DDTA and the need to curb the scourge of our drug ridden society. However in my view, given the manner in which the proceedings were conducted in the lower court, and the exceptional circumstances which have been created as a result, coupled with the mitigating factors, to impose direct imprisonment for the full 10 year period would be to sacrifice the appellant on the altar of deterrence. It would rather be appropriate to suspend the balance of the period which the appellant has not already served. The appeal succeeds and the sentence of 16 sixteen years direct imprisonment imposed by the court a quo is set aside;. The sentence imposed by the court a quo is substituted with the following:. The sentence is antedated to 28 July in terms of section of the Criminal Procedure Act 51 of ; and. The Head of the Correctional Facility in which the appellant is currently incarcerated is directed to procure her immediate release. Download DOCX Report Report a problem. Table of contents Search. Navigate document. Cited documents 2 Act 2 1. Criminal Procedure Act, citations 2. Children's Act, citations. Documents citing this one 1 Judgment 1 1.
cocaine which washed up on the beaches around Mossel Bay. What was discovered was that smugglers had put the drugs in waterproof bags.
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From Bloomberg. Four batches of cocaine bricks, weighing about kilograms pounds in total, have been found on beaches or just offshore since Dec.
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A bag filled with what is suspected to be about R9 million worth of cocaine washed up on Mossel Bay's Hartenbos beach on Christmas Day.
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The search resulted in the discovery of 1, 2 kilogram of cocaine with an estimated street value of R concealed in the garage. The person.
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