The State v Oshman

• Jurisdiction: South Africa
• Court: Orange Free State Provincial Division
• Judge: Smit JP and Eksteen AJ
• Judgment Date: 01 June 1962
• Citation: 1962 (3) SA 643 (O)
• Hearing Date: 21 May 1962

Smit, J.P.:

Appellant was convicted of contravening sec. 111 (1) of Ord. 17 of 1956 in that he drove a motor car on a public road while under the G influence of liquor. He was sentenced to six months' imprisonment and declared disqualified from obtaining a driver's licence for 18 months.

He appealed against his conviction as well as his sentence but on appeal Mr. Kumleben abandoned the appeal on the merits and only attacked the sentence of imprisonment on the ground that it is unduly severe.

H In considering an appropriate sentence for a conviction of this kind this Court in R v Roux, 1954 (2) P.H. H.149, pointed out that no general rule could be laid down for cases of this kind but that the factors which the courts usually take into consideration are: the degree of intoxication the appellant was in while driving his car; the manner in which he drove his car; the traffic conditions on the road at the time; whether the road on which he was, was an open road or passed

Smit JP

through a built-up area; appellant's conduct with regard to the prevailing conditions; his previous record; his age and whether his state of intoxication contributed to any damage or injury to persons.

A There can be no doubt that appellant was heavily under the influence of liquor. He was leaning over his car when the police found him. He was incoherent when spoken to by the constable. He could not stand without holding on to something. He staggered when he walked and constable Swart had to assist him in walking to the police van. There he had practically B to lift him into the van. Later Dr. Kolver examined him at the police station and found him to be under the influence of liquor. It was argued that appellant could have been suffering from concussion as result of a bump against his...