S V ANAND 1988 (2) ZLR 414 (SC) S V ANAND 1988 (2) ZLR 414 (SC)

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S v ANAND 1988 (2) ZLR 414 (SC)

Flynote

Criminal procedure (sentence) — mandatory minimum sentences — constitutional prohibition against inhuman or degrading punishment — whether breached — Precious Stones Trade Act 1978 — s 3(21) — D mandatory minimum sentence for possession of uncut emeralds unless special reasons exist — wife taking blame for offence of husband — whether a special reason.

Headnote

The appellant, a woman, was convicted inter alia of possessing uncut emeralds, in contravention of s 3(1) (a) of the Precious Stones Trade Act 1978. She was sentenced on that count to the mandatory sentence provided by s 3(2) of three years' imprisonment. The emeralds had been hidden in a doll in her bedroom and were worth only $150. The probabilities were that it was her husband, as proprietor of the business, who had acquired the emeralds and that they were being held for his benefit. However, the appellant accepted the sole blame, because he was a sick man. On appeal,

Held, that the fact that the appellant probably possessed the emeralds on behalf of her husband and that his moral blameworthiness was far higher than hers constituted special reasons for not imposing the mandatory minimum sentence.

Held, further, that this finding made it unnecessary to decide the main point raised by the appellant, namely, that the imposition of a mandatory sentence of three years' imprisonment for even a minor infringement of s 3(1) might make such a punishment an inhuman or degrading punishment, in violation of s 15(1) of the Constitution.