Following questions around the sentence for Tony Yengeni;s recent drunken driving conviction, criminal law expert Advocate Mannie Witz explains.
He says it does depend on the circumstances, he says.
A first time offender may receive a fine of up to R24 000 or six years in prison - or both!
They take it very, very seriously.— Advocate Mannie Witz
There's a big difference between driving under the influence of alcohol and driving while your blood is more than the legal limit of 0.05 grams/100ml - which is the equivalent of one-and-a-half tots.— Advocate Mannie Witz
Tony Yengeni was convicted for drunken driving and sentenced to a R30 000 fine or 90 days imprisonment, half of which was suspended for five years and he has to pay a fine of R15 000.
Factors depend on whether there was an accident, any injuries or loss of life occurred, and if there was any damage to property.
Witz does not believe Yengeni received any preferential treatment.
I think it is quite a heavy fine in view of the circumstances, though they were following him for a while and testified his vehicle was driving in quite a reckless manner.— Advocate Mannie Witz
The court decides what is suitable and appropriate, says Witz.
Every case is decided according to the individual's circumstances.
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