du Toit v Sonnenberg NO and Another (10831/2010) [2012] ZAWCHC 219 (21 September 2012)

du Toit v Sonnenberg NO and Another (10831/2010) [2012] ZAWCHC 219 (21 September 2012)

The court held that intervention by way of review in incomplete criminal proceedings is only justified in rare and exceptional circumstances where grave injustice might otherwise result or where justice cannot be attained by other means. The applicant's fear of incarceration, whether real or perceived, does not constitute such an exceptional circumstance, especially considering the availability of bail after sentence and the fact that the applicant's complaints are directed more at the result of the proceedings than at procedural irregularities. The application was found to be premature, and the appropriate remedy for the applicant is to pursue an appeal after the conclusion of the trial....

Citation
[2012] ZAWCHC 219
Parties
Applicant: Philip du Toit; Respondent: Ms S Sonnenberg N.O.; Respondent: Director of Public Prosecutions
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
21 September 2012
Case Number
10831/2010
Procedural Posture
Review Application / Application for Review of Incomplete Criminal Proceedings in the Regional Court
Outcome
Application struck from the roll; applicant ordered to appear in the Regional Magistrate's Court Atlantis to resume proceedings.
Judges
A Le Grange, RGL Stelzner
Legal Topics
Review of Incomplete Proceedings, Right to Fair Trial, Magistrate Bias, Criminal Procedure Act, Exceptional Intervention
Criminal Law Civil Procedure Review of Incomplete Proceedings Right to Fair Trial Magistrate Bias Criminal Procedure Act Exceptional Intervention

Case Brief

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Parties

Philip du Toit

Applicant

Ms S Sonnenberg N.O.

Respondent

Director of Public Prosecutions

Respondent

Procedural Posture

Review Application / Application for Review of Incomplete Criminal Proceedings in the Regional Court

Legal Issues

  1. 1 Whether the High Court should intervene by way of review in incomplete criminal proceedings in the Regional Court.
  2. 2 Whether the applicant's right to a fair trial has been infringed to the extent that review is justified before the conclusion of the trial.
  3. 3 Whether the applicant's fear of incarceration constitutes a grave injustice warranting review intervention.

Ratio Decidendi

The court held that intervention by way of review in incomplete criminal proceedings is only justified in rare and exceptional circumstances where grave injustice might otherwise result or where justice cannot be attained by other means. The applicant's fear of incarceration, whether real or perceived, does not constitute such an exceptional circumstance, especially considering the availability of bail after sentence and the fact that the applicant's complaints are directed more at the result of the proceedings than at procedural irregularities. The application was found to be premature, and the appropriate remedy for the applicant is to pursue an appeal after the conclusion of the trial....

Court Disposition

Application struck from the roll; applicant ordered to appear in the Regional Magistrate's Court Atlantis to resume proceedings.

Orders

  • The application is struck from the roll with no order as to costs.
  • The applicant is ordered to appear in the Regional Magistrate's Court Atlantis at 09h00 on Tuesday 25 September 2012 to resume the proceedings in order to conclude the matter. Failing which, the magistrate is entitled to hold a contempt of court enquiry into his failure to appear, in terms of the Criminal Procedure...