S v Adanlawa (201/15, A375/2015) [2015] ZAGPPHC 495 (11 June 2015)
- Citation
- [2015] ZAGPPHC 495
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- BAM, S POTTERILL
- Case number
- 201/15, A375/2015
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- BAM, S POTTERILL
- Case number
- 201/15, A375/2015
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that, although the accused paid the admission of guilt fine and signed the relevant document, the circumstances indicated that he did not fully appreciate the consequences of his actions. The accused was misled by someone purporting to be a lawyer and believed that payment would result in discharge without understanding the legal implications. The court, in agreement with the Director of Public Prosecutions, concluded that the admission of guilt could not stand as the accused did not comprehend its effect. Accordingly, the admission of guilt was set aside.
Court disposition
Admission of guilt set aside.
Orders
- The admission of guilt in case Nr. 222/519/12: Jo Adanlawa is set aside.
02
Material facts
Parties
The State
RespondentJo Adanlawa
ApplicantAmounts and remedies
- Admission of Guilt Fine Paid: ZAR 300
- Amount Paid to Purported Lawyer: ZAR 500
03
Procedural history
Posture
Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act
04
Questions and positions
Legal issues
- 01
Whether the accused understood the consequences of paying an admission of guilt fine.
- 02
Whether the admission of guilt should be set aside due to lack of appreciation of its legal effect.
Party arguments
- Applicant
- The accused, a foreigner, stated in his affidavit that he did not intend to plead guilty to the charge of theft but was misled by a person who represented himself as a lawyer to pay R500, after which he would be discharged. He claims he did not understand the consequences of paying the admission of guilt fine.
- Respondent
- The representatives of the Director of Public Prosecutions, Pretoria, Adv Creighton and Adv Leonard SC, agreed that the accused likely did not fully appreciate the implications of the admission of guilt and supported the setting aside of the admission.
05
Court’s reasoning
Legal principles
- 01
Criminal Procedure Act 51 of 1977, section 304(4)
An admission of guilt must be made with full appreciation of its consequences; if the accused does not understand the legal effect, the admission may be set aside.
06
Ratio, limits and disposition
Ratio decidendi
The court found that, although the accused paid the admission of guilt fine and signed the relevant document, the circumstances indicated that he did not fully appreciate the consequences of his actions. The accused was misled by someone purporting to be a lawyer and believed that payment would result in discharge without understanding the legal implications. The court, in agreement with the Director of Public Prosecutions, concluded that the admission of guilt could not stand as the accused did not comprehend its effect. Accordingly, the admission of guilt was set aside.
Obiter and limits
- The court appreciates the concurrence of the Director of Public Prosecutions in reaching this conclusion.
Court disposition
Admission of guilt set aside.
- The admission of guilt in case Nr. 222/519/12: Jo Adanlawa is set aside.
Source and reliance status
North Gauteng High Court, Pretoria
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Judgment
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION.
PRETORIA
Case Nr. 201/15
A375/2015
DATE: 11 JUNE 2015
THE STATE
v
JO ADANLAWA
JUDGMENT: REVIEW
BAM J
1. This matter was submitted by the Chief Magistrate, Pretoria, for special review in terms of section 304(4) of the Criminal Procedure Act, Nr 51 of 1977.
2. The accused, charged with theft, had to appear in the magistrate's court sitting at Hatfield. Assisted by an unknown legal representative, before appearing in court, the accused paid an admission of guilt in the amount of R300.
3. In his affidavit the accused, a foreigner, stated that he had no intention to plead guilty to the charge but that he had been misled by the person who represented himself as a lawyer to pay the amount of R500 where after he would have been discharged. After having paid the said amount he was indeed set free.
4. From the set of documents before us it appears that the accused paid the admission of guilt fine and that he in fact signed the relevant document.
5. However, after having considered all the facts we arrived at the conclusion that it is probable that the accused did not fully appreciate what was happening and that it cannot be found that he understood and realised what the consequences of the admission of guilt entailed.
6. The comment furnished by the representatives of the Director of Public Prosecutions, Pretoria, Adv Creighton and Adv Leonard SC, dated 21 May 2015, which is in agreement with our conclusion, is appreciated.
ORDER
The admission of guilt in case Nr. 222/519/12: J 0 ADANLAWA; is set aside.
A J BAM JUDGE S POTTERILL JUDGE
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