You are a judge presiding in a matter concerning an appeal to the full bench on sentence by Connie. Connie was convicted for the first time in her life of dealing in marijuana in July 2021.

Question 2 (m. | 0.2.1 You are a judge presiding in a matter concerning an appeal to the full bench on sentence by Connie. Connie was convicted for the first time in her life of dealing in marijuana in July 2021. At the time that Connie was convicted, the sentence for first time offenders was 1 year imprisonment. Before Connie’s hearing on her sentence, a new amendment to the Drugs and Drug Trafiicking Act 140 of 1992 was passed into law. This amendment is the Minimum Sentences for Crimes concerning Deah’ng in Marijuana Act 15 of 2021, and in terms of this legislation, the sentence for a first time offenders was increased from 1 year to 10 years. On the date of Connie’s hearing on sentence, the court sentenced her to 10 years imprisonment as opposed to one year imprisonment. (1.2.1.1 Explain the principle of legality and its importance in our Constitutional (3} dispensation with reference to the judgment of the court in the case of Masiya v Director of Pubiic Prosecutions and Others 200? [5} SA 30 (CC). As part of your answer, you are also required to indicate which one of the three pillars of legality the court refers to in its judgment. an The Independent Institute of Education iPly} Ltd 2022 Page 4 of B 21: 22; 23 2022 (1.2.1.2 Based on your answer in (1.2.1 above, explain what the appropriate W sentence for Connie should have been after her initial convictions and provide reasons for your answer.

(1.2.3 Section 37 of the Criminal Procedure Act 51 of 1977 regulates the obtaining of data through the

following means: finger -, palm — and foot-printing; conducting identity parades; ascertaining of bodily

features; taking blood samples; and taking of photographs.