- Alternative mechanisms required - S v Frederick and Another 2018
(2) SACR 686 (WCC)
Two independent and unrelated matters were referred for review to the High Court in Cape Town (“the review court”), at the same time and by the same magistrate (“the trial court”). Because the same issues were involved in both matters, the review court considered both simultaneously.
First matter: The accused was convicted of a contravention of section 4(b) of the Drugs and Drug Trafficking Act 140 of 1992 (hereinafter referred to as the “Drugs Act”) - being in the unlawful possession of an unknown amount of methamphetamine contained in a lolly (sweet [Afrikaans: “lekker”]) of the drug commonly known as Tik. The accused pleaded guilty and was sentenced to three years’ incarceration, wholly and conditionally suspended for five years. After conviction but before sentence, the accused admitted five similar previous convictions.
Second matter: The accused was likewise convicted of a contravention of section 4(b) of the Drugs Act - being in the unlawful possession of 1.4 g of crushed methaqualone, a drug commonly known as Mandrax and contained in a white paper folder. The accused likewise pleaded guilty and was sentenced to 36 months’ incarceration in terms of section 276(1)(i) of the Criminal Procedure Act 51 of 1977*. The accused admitted 11 similar previous convictions.
In both matters supra, it appears that the amount of drug was already prepared for and in use.