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- S V Garland 2019 (2) SACR 162 (WCC)

Mr Garland, the accused, is currently approximately 26 years old. On 24 June 2011, when he was 17 years old, he was apprehended in his mother’s residence in the town of Montagu*, for the unlawful possession of a small quantity of cannabis (dagga). The accused was thereupon taken to Montagu Police Station, accompanied by his mother, where he was charged and his fingerprints taken.

At the police station the accused was given a written notice (form J534), making provision for the payment of an admission of guilt fine in terms of section 56(1)(c) of the CPA. His mother paid the fine of R40 whereupon the accused was released from custody. Both the accused and his mother were relieved by this offer (from the arresting police official) and thought that this would be the end of this matter.

However, now, in the year 2019 the chickens apparently came home to roost (of which the details are not known), because the accused applied before the High Court in Cape Town to have this previous conviction set aside and expunged (Afrikaans: “uitgewis”).

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[This is only an excerpt of a legal discussion published in Pollex in Servamus: May 2020. If you are interested in reading the rest of this discussion, send an email to: This email address is being protected from spambots. You need JavaScript enabled to view it. to find out what to do. Ed.]

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