IN
THE HIGH COURT OF SWAZILAND
In
the matter of:
THE
KING
vs
JABULANE
J. THOBELA
DISTRICT
OF LUBOMBO
REVIEW
CASE NO.77/89
JUDGMENT
ON REVIEW (13.4.89)
DUNN,
A.C.J.
The
accused in this case was convicted by the Magistrate, Mananga, on a
charge of contravening Section 7 of the Opium and Habit Forming Drugs
Act No. 37/1922. He was sentenced as follows : -
Eighteen
months imprisonment of which nine months are suspended for three
years on condition the accused is not found guilty of contravening
the Opium and Habit Drugs Forming/Act No.37/1922.
The
sentence as framed is objectionable and calls for correction on the
grounds that a conviction for a contravention of the Act in question
committed prior to the commencement of the suspended sentence would
bring the suspended sentence into operation. The conviction is
confirmed. The sentence is altered to read:-
2
The
accused is sentenced to 18 months imprisonment, 9 months of which are
suspended for 3 years on condition that the accused is not convicted
of any contravention of the Opium and Habit Forming Drugs Act No
.37/1922, committed during the period of suspension.
The
accused is to be brought before the Magistrate to have the effect of
this judgment explained to him.
B.
DUNN
ACTING
CHIEF JUSTICE
