Week 11: Crim Notes
Drug Possession (Snyman Notes)........................................................................................................................1
S v Ncgobo 1972..................................................................................................................................................2
S v Cain 1973:......................................................................................................................................................3
Prince 2018 CC.....................................................................................................................................................5
S v Khan 2010......................................................................................................................................................7
Drug Possession (Snyman Notes)
Elements of the offence:
(a) Act: Possession or use
- Possession
i. Ordinary juridical sense:
(1) physical/corporeal element = appropriate degree of physical control
over the thing (depending on the nature of the article and the way
that control is ordinarily exercised over such an article. Control may
be actual or constructive. Constructive meaning through someone
else (i.e. representative or servant)
(2) mental element (animus)= intention with which someone exercises
control over an article & differs according to the type of possession
ii. Extended meaning
To keep or to store the drug, or to have it under control or supervision.
The person need not even intend to acquire benefit from it themselves by
their control over it. It is sufficient that they exercise the control for the
benefit of someone else
(b) Drug
- Three categories of drugs
o dependence-producing substances;
o dangerous dependence-producing substances; and
o undesirable dependence-producing substances
more severe punishment is prescribed for (b) & (c)
1
, (c) Unlawfulness
- Justification grounds may be that you are a medical practitioner who
acquired the drugs in accordance with the Medicines and Related Substances
Act 101 od 1965 or private possession of cannabis for personal consumption
in private (Prince)
(d) Intention
- Culpability in the form of intention is required
S v Ncgobo 1972
Facts:
- This accused was charged with the offence of contravening sec. 2 (b) of Act 41 of
1971 by having in his possession threequarters of a gram of dagga.
- When called on to plead he said "I did have it, but did not know it was dagga".
- He was seen smoking a cigarette, which contained a very small quantity of dagga
mixed with tobacco.
- The accused stated he had asked someone for "tobacco" and had been given the
cigarette which he was found smoking. He did not know that it had dagga in it.
Magistrate Court:
- Convicted the accused
- Sentenced him to be imprisoned for 6 months, of which 4 months were to be
suspended for 3years on certain conditions.
Current Court
- By pleading as he did, the accused put in issue the question as to whether he had the
necessary mens rea, for, if he did not know that the cigarette contained dagga, he
could not be held to be guilty of contravening the statute under which he was
charged.
- Where a man is found in possession of dagga and where the circumstances disclosed
in the evidence do not suggest an absence of mens rea + the accused does not raise
2
Drug Possession (Snyman Notes)........................................................................................................................1
S v Ncgobo 1972..................................................................................................................................................2
S v Cain 1973:......................................................................................................................................................3
Prince 2018 CC.....................................................................................................................................................5
S v Khan 2010......................................................................................................................................................7
Drug Possession (Snyman Notes)
Elements of the offence:
(a) Act: Possession or use
- Possession
i. Ordinary juridical sense:
(1) physical/corporeal element = appropriate degree of physical control
over the thing (depending on the nature of the article and the way
that control is ordinarily exercised over such an article. Control may
be actual or constructive. Constructive meaning through someone
else (i.e. representative or servant)
(2) mental element (animus)= intention with which someone exercises
control over an article & differs according to the type of possession
ii. Extended meaning
To keep or to store the drug, or to have it under control or supervision.
The person need not even intend to acquire benefit from it themselves by
their control over it. It is sufficient that they exercise the control for the
benefit of someone else
(b) Drug
- Three categories of drugs
o dependence-producing substances;
o dangerous dependence-producing substances; and
o undesirable dependence-producing substances
more severe punishment is prescribed for (b) & (c)
1
, (c) Unlawfulness
- Justification grounds may be that you are a medical practitioner who
acquired the drugs in accordance with the Medicines and Related Substances
Act 101 od 1965 or private possession of cannabis for personal consumption
in private (Prince)
(d) Intention
- Culpability in the form of intention is required
S v Ncgobo 1972
Facts:
- This accused was charged with the offence of contravening sec. 2 (b) of Act 41 of
1971 by having in his possession threequarters of a gram of dagga.
- When called on to plead he said "I did have it, but did not know it was dagga".
- He was seen smoking a cigarette, which contained a very small quantity of dagga
mixed with tobacco.
- The accused stated he had asked someone for "tobacco" and had been given the
cigarette which he was found smoking. He did not know that it had dagga in it.
Magistrate Court:
- Convicted the accused
- Sentenced him to be imprisoned for 6 months, of which 4 months were to be
suspended for 3years on certain conditions.
Current Court
- By pleading as he did, the accused put in issue the question as to whether he had the
necessary mens rea, for, if he did not know that the cigarette contained dagga, he
could not be held to be guilty of contravening the statute under which he was
charged.
- Where a man is found in possession of dagga and where the circumstances disclosed
in the evidence do not suggest an absence of mens rea + the accused does not raise
2
