Director of Public Prosecutions v Schreiber (A169/2008) [2010] ZAGPPHC 308 (1 April 2010)

Director of Public Prosecutions v Schreiber (A169/2008) [2010] ZAGPPHC 308 (1 April 2010)

The court found that the respondent was charged in his representative capacity, as evidenced by the charge sheet's preamble. Since there was no authorisation from the corporate entities, the plea of guilty was invalid under section 332(2)(a). The state's grounds for appeal were largely factual, and section 311 only permits appeals on questions of law. The other grounds raised by the state were either irrelevant or lacked merit. The court held that the convictions and sentences were correctly set aside and that the matter was properly remitted for retrial. The application for leave to appeal was dismissed.

Citation
[2010] ZAGPPHC 308
Parties
Applicant: Director of Public Prosecutions; Respondent: William Schreiber
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 April 2010
Case Number
A169/2008
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Convictions and Sentences Set Aside on Appeal
Outcome
Application for leave to appeal dismissed.
Judges
M.F. Legodi, C P Rabie
Legal Topics
Representative Capacity, Invalid Plea, Leave to Appeal, Charge Sheet Validity, Remittal for Retrial
Criminal Law Civil Procedure Representative Capacity Invalid Plea Leave to Appeal Charge Sheet Validity Remittal for Retrial

Case Brief

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Parties

Director of Public Prosecutions

Applicant

William Schreiber

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Convictions and Sentences Set Aside on Appeal

Legal Issues

  1. 1 Whether the respondent was charged in his representative or personal capacity.
  2. 2 Whether the state is entitled to appeal on a question of law under section 311.
  3. 3 Whether the convictions and sentences were correctly set aside due to lack of authorisation under section 332(2)(a).

Ratio Decidendi

The court found that the respondent was charged in his representative capacity, as evidenced by the charge sheet's preamble. Since there was no authorisation from the corporate entities, the plea of guilty was invalid under section 332(2)(a). The state's grounds for appeal were largely factual, and section 311 only permits appeals on questions of law. The other grounds raised by the state were either irrelevant or lacked merit. The court held that the convictions and sentences were correctly set aside and that the matter was properly remitted for retrial. The application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • The matter remains remitted to the trial court to resume de novo if the state so wishes.