D[....] v S (A53/2021) [2021] ZAGPJHC 71 (25 June 2021)

D[....] v S (A53/2021) [2021] ZAGPJHC 71 (25 June 2021)

The court found that the appellant knowingly breached his bail conditions by making direct contact with the complainant, despite being explicitly prohibited from doing so. The appellant's emotional state and desperation to see his children did not justify self-help or disregard for court orders. The Magistrate correctly applied section 66(3) of the Criminal Procedure Act, finding the breach was due to the appellant's fault and cancelling bail with forfeiture of bail money. The court held that the proceedings were reviewable, not appealable, and found no persuasive reason to interfere with the Magistrate's discretion. The appellant's arguments regarding the seriousness of the breach and...

Citation
[2021] ZAGPJHC 71
Parties
Appellant: D[....], J[….] M[….]; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
25 June 2021
Case Number
A53/2021
Procedural Posture
Criminal Appeal / Appeal and Review of Regional Magistrate's Order Cancelling Bail and Forfeiting Bail Money
Outcome
Appeal dismissed; review fails; cancellation and forfeiture of bail confirmed.
Judges
T P Mudau, M A Makume
Legal Topics
Bail Cancellation, Forfeiture of Bail Money, Breach of Bail Conditions, Domestic Violence Act, Review Vs Appeal, Criminal Procedure Act
Criminal Law Civil Procedure Bail Cancellation Forfeiture of Bail Money Breach of Bail Conditions Domestic Violence Act Review Vs Appeal Criminal Procedure Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

D[....], J[….] M[….]

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal and Review of Regional Magistrate's Order Cancelling Bail and Forfeiting Bail Money

Legal Issues

  1. 1 Whether the appellant breached bail conditions by contacting the complainant directly.
  2. 2 Whether the breach was due to fault on the part of the appellant.
  3. 3 Whether the Magistrate's order cancelling bail and forfeiting bail money was correct and reviewable or appealable.

Ratio Decidendi

The court found that the appellant knowingly breached his bail conditions by making direct contact with the complainant, despite being explicitly prohibited from doing so. The appellant's emotional state and desperation to see his children did not justify self-help or disregard for court orders. The Magistrate correctly applied section 66(3) of the Criminal Procedure Act, finding the breach was due to the appellant's fault and cancelling bail with forfeiture of bail money. The court held that the proceedings were reviewable, not appealable, and found no persuasive reason to interfere with the Magistrate's discretion. The appellant's arguments regarding the seriousness of the breach and...

Court Disposition

Appeal dismissed; review fails; cancellation and forfeiture of bail confirmed.

Orders

  • The appeal against the cancellation of bail and forfeiture of the bail money is dismissed.
  • The review against the cancellation of bail fails and the order for the cancellation of the bail and forfeiture of the bail money is confirmed.