Pretorius v Director of Public Prosecutions and Another (AR31/09) [2010] ZAKZPHC 46; 2011 (1) SACR 54 (KZP) (10 September 2010)

Pretorius v Director of Public Prosecutions and Another (AR31/09) [2010] ZAKZPHC 46; 2011 (1) SACR 54 (KZP) (10 September 2010)

The court found that the applicant was competently and properly advised by his legal representatives and was given a clear choice to accept or reject counsel's advice. The applicant voluntarily chose to plead guilty after being informed of the consequences and was not deprived of a free choice. The conduct of...

Source-derived case information.

Citation
[2010] ZAKZPHC 46
Parties
Applicant: Geffert Pretorius; Respondent: Director of Public Prosecutions; Respondent: Honourable Regional Court Magistrate, Mr TW Levitt
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
10 September 2010
Case Number
AR 31/09
Procedural Posture
Review Application / Application for Review of Conviction and Sentence After Guilty Plea
Outcome
Application dismissed.
Judges
Msimang JP, Gyanda J
Legal Topics
Review of Criminal Conviction, Guilty Plea, Irregularity in Proceedings, Voluntariness of Plea
Criminal Law Civil Procedure Review of Criminal Conviction Guilty Plea Irregularity in Proceedings Voluntariness of Plea

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Parties

Geffert Pretorius

Applicant

Director of Public Prosecutions

Respondent

Honourable Regional Court Magistrate, Mr TW Levitt

Respondent

Procedural Posture

Review Application / Application for Review of Conviction and Sentence After Guilty Plea

Legal Issues

  1. 1 Whether the applicant's guilty plea was made freely and voluntarily.
  2. 2 Whether the conduct of the applicant's legal representatives constituted an irregularity justifying review and setting aside of the conviction and sentence.
  3. 3 Whether the applicant was unduly pressured by his counsel to plead guilty.

Ratio Decidendi

The court found that the applicant was competently and properly advised by his legal representatives and was given a clear choice to accept or reject counsel's advice. The applicant voluntarily chose to plead guilty after being informed of the consequences and was not deprived of a free choice. The conduct of counsel did not amount to an irregularity, and the applicant's plea was made freely and intelligently. The subsequent acquiescence and absence of any complaint during or after the proceedings further confirmed the voluntariness of the plea. Accordingly, no irregularity was established to justify review and setting aside of the conviction and sentence.

Court Disposition

Application dismissed.

Orders

  • The application for review and setting aside of the conviction and sentence is dismissed.