S en Reynold Vos (26/2016) [2016] ZANCHC 63 (12 August 2016)

S en Reynold Vos (26/2016) [2016] ZANCHC 63 (12 August 2016)

The court found that the magistrate conducted two inquiries into the accused's failure to appear on 29 January 2016, but failed to hold an inquiry regarding his absence on 17 March 2016. The conviction and sentence imposed on 18 May 2016 were therefore based on an incorrect factual premise and must be set aside. The matter is remitted to the magistrate to conduct a proper inquiry into the accused's failure to attend court on 17 March 2016, in accordance with section 170(2) of the Criminal Procedure Act.

Citation
[2016] ZANCHC 63
Parties
Applicant: Die Staat; Respondent: Jerry Reynold Vos
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
12 August 2016
Case Number
26/2016
Procedural Posture
Review Application / Special Review Under Section 304 of the Criminal Procedure Act
Outcome
Conviction and sentence set aside; matter remitted for proper inquiry.
Judges
R Olivier, W Erasmus
Legal Topics
Criminal Procedure, Failure to Appear, Review of Magistrate Decision
Criminal Law Criminal Procedure Failure to Appear Review of Magistrate Decision

Case Brief

Summary, issues, holding and outcome

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Parties

Die Staat

Applicant

Jerry Reynold Vos

Respondent

Procedural Posture

Review Application / Special Review Under Section 304 of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the conviction and sentence imposed on 18 May 2016 were based on the correct instance of failure to appear.
  2. 2 Whether the magistrate erred by conducting the second inquiry regarding the accused's absence on the wrong date.
  3. 3 Whether the conviction and sentence should be set aside and a proper inquiry held for the correct date.

Ratio Decidendi

The court found that the magistrate conducted two inquiries into the accused's failure to appear on 29 January 2016, but failed to hold an inquiry regarding his absence on 17 March 2016. The conviction and sentence imposed on 18 May 2016 were therefore based on an incorrect factual premise and must be set aside. The matter is remitted to the magistrate to conduct a proper inquiry into the accused's failure to attend court on 17 March 2016, in accordance with section 170(2) of the Criminal Procedure Act.

Court Disposition

Conviction and sentence set aside; matter remitted for proper inquiry.

Orders

  • The conviction and sentence of R300.00 or 30 days imprisonment imposed on the accused on 18 May 2016 are set aside.
  • The matter is referred back to the Magistrate Kakamas to conduct an inquiry in terms of section 170(2) of the Criminal Procedure Act 51 of 1977 regarding the accused's failure to attend court proceedings on 17 March 2016.