Frank v S (AR100/18) [2019] ZAKZPHC 31 (7 June 2019)

Frank v S (AR100/18) [2019] ZAKZPHC 31 (7 June 2019)

The court found that, although the appellant had pleaded guilty and admitted the facts, the subsequent allegation by his legal representative that not all elements of the offence were admitted was sufficient to trigger the peremptory provisions of section 113(1) of the Criminal Procedure Act. The magistrate was required to enter a plea of not guilty and allow the prosecution to proceed, regardless of the merits of the allegation. The failure to do so constituted a procedural irregularity, necessitating the setting aside of the conviction and sentence and remitting the matter for proper compliance with section 113. The court also confirmed that the entrapment defence was not properly...

Citation
[2019] ZAKZPHC 31
Parties
Appellant: Brenton Frank; Respondent: The State
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
7 June 2019
Case Number
AR100/18
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence in Regional Court
Outcome
Appeal upheld; conviction and sentence set aside; matter remitted for compliance with section 113 of the Criminal Procedure Act.
Judges
Poyo Dlwati, Bezuidenhout
Legal Topics
Plea Procedure, Entrapment, Section 113 Criminal Procedure Act, Section 252a Criminal Procedure Act, Admissibility of Evidence
Criminal Law Plea Procedure Entrapment Section 113 Criminal Procedure Act Section 252a Criminal Procedure Act Admissibility of Evidence

Case Brief

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Parties

Brenton Frank

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence in Regional Court

Legal Issues

  1. 1 Whether the Regional Court erred by failing to apply section 113 of the Criminal Procedure Act when doubt was raised regarding the appellant's plea of guilty.
  2. 2 Whether the evidence obtained through police entrapment was admissible and whether the appellant admitted all elements of the offence.
  3. 3 Whether the conviction and sentence should be set aside due to procedural irregularity.

Ratio Decidendi

The court found that, although the appellant had pleaded guilty and admitted the facts, the subsequent allegation by his legal representative that not all elements of the offence were admitted was sufficient to trigger the peremptory provisions of section 113(1) of the Criminal Procedure Act. The magistrate was required to enter a plea of not guilty and allow the prosecution to proceed, regardless of the merits of the allegation. The failure to do so constituted a procedural irregularity, necessitating the setting aside of the conviction and sentence and remitting the matter for proper compliance with section 113. The court also confirmed that the entrapment defence was not properly...

Court Disposition

Appeal upheld; conviction and sentence set aside; matter remitted for compliance with section 113 of the Criminal Procedure Act.

Orders

  • The conviction and sentence of the appellant are set aside on the ground that section 113 of the Criminal Procedure Act ought to have been applied.
  • The matter is remitted back to the Regional Court for the court to act in terms of section 113 of the Act.