THE STATE v VESCA MACHEKE

Key Issues

• {"issue_text":"Whether the learned magistrate properly followed the Sentencing Guidelines when imposing sentence.","issue_type":"procedural","dispositive":"yes","related_facts":"The magistrate imposed a sentence of two years' imprisonment without starting from the presumptive penalty of 3 years' imprisonment and failed to give reasons for the departure."}
• {"issue_text":"Whether the sentence imposed is in accordance with real and substantial justice.","issue_type":"procedural","dispositive":"yes","related_facts":"The failure to follow sentencing guidelines and the unsatisfactory explanation for the quantity of dagga."}
• {"issue_text":"Whether the explanation for possession of a large quantity of dagga was credible.","issue_type":"fact","dispositive":"no (obiter)","related_facts":"The accused's explanation that the dagga was for rituals versus the quantity involved and the tip-off."}

Background