S v Coetzer (619/2009) [2009] ZAFSHC 125 (1 December 2009)
- Citation
- [2009] ZAFSHC 125
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Free State High Court, Bloemfontein
- Panel
- Cillié, Molemela
- Case number
- 619/2009
More details
- Court
- Free State High Court, Bloemfontein
- Panel
- Cillié, Molemela
- Case number
- 619/2009
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The accused paid the admission of guilt fine believing it was bail, as evidenced by his mother's affidavit. This misapprehension undermines the validity of the conviction and sentence, as the accused did not knowingly admit guilt. The law requires that convictions based on such misunderstandings be set aside to prevent a miscarriage of justice. Accordingly, both the conviction and sentence are set aside and the matter is referred back to the magistrate's court for trial.
Court disposition
Conviction and sentence set aside; matter referred back for trial.
Orders
- The conviction and sentence are set aside.
- The matter is referred back to the magistrate's court for trial.
02
Material facts
Parties
The State
ApplicantJohannes Jacobus Coetzer
RespondentAmounts and remedies
- Value of Goods Allegedly Stolen: ZAR 73.04
- Admission of Guilt Fine Paid: ZAR 200
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 paid the admission of guilt fine under a misapprehension.
- 02
Whether the conviction and sentence based on such payment should be set aside.
Party arguments
- Applicant
- The State referred the matter for special review after it became apparent, through the accused's mother's affidavit, that the accused paid the admission of guilt fine under a misapprehension, believing it to be bail.
- Respondent
- The accused, an 18-year-old, did not contest the review but the affidavit from his mother indicated that the payment was made under a misunderstanding, not as an admission of guilt.
05
Court’s reasoning
Legal principles
- 01
Die Staat v Ruiter en Andere 1962 (1) SA 161 (O)
A conviction based on a misapprehension regarding the nature of an admission of guilt fine constitutes a miscarriage of justice and must be set aside.
- 02
S v Mothae (2) 1965 (2) SA 128 (O)
Where there has been a failure of justice, the reviewing court is entitled to set aside both the conviction and sentence.
06
Ratio, limits and disposition
Ratio decidendi
The accused paid the admission of guilt fine believing it was bail, as evidenced by his mother's affidavit. This misapprehension undermines the validity of the conviction and sentence, as the accused did not knowingly admit guilt. The law requires that convictions based on such misunderstandings be set aside to prevent a miscarriage of justice. Accordingly, both the conviction and sentence are set aside and the matter is referred back to the magistrate's court for trial.
Obiter and limits
- It is trite law that a failure of justice entitles the reviewing court to intervene and set aside the conviction and sentence.
- The proper procedure in cases of misapprehension is to refer the matter back for trial.
Court disposition
Conviction and sentence set aside; matter referred back for trial.
- The conviction and sentence are set aside.
- The matter is referred back to the magistrate's court for trial.
Source and reliance status
Free State High Court, Bloemfontein
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.
Free State High Court, Bloemfontein
Judgment
FREE STATE HIGH COURT, BLOEMFONTEIN
REPUBLIC OF SOUTH
AFRICA
Review No. : 619/2009
In the special review between:
THE
STATE
and
JOHANNES JACOBUS
COETZER
___________
CORAM: CILLIé et MOLEMELA,
JJ
JUDGMENT BY: MOLEMELA,
J
DELIVERED ON: .......... DECEMBER 2009
[1] This is a special review referred to this court in terms of section 304(4) of the Criminal Procedure Act, 51 of 1977.
[2] The accused person, an 18 year old youth, was arrested at a supermarket for allegedly stealing goods to the value of R73,04. He was taken to police cells and locked up in a cell. His parents later arrived at the cells where they were informed that their son would be released upon payment of an amount of R200,00. Believing that the payment was in respect of bail, the parents paid the aforesaid amount and the accused was then released. The accusedâs mother subsequently filed an affidavit setting out the circumstances of the arrest and subsequent release of the accused, as mentioned above.
[3] On the strength of the contents of the aforesaid affidavit, I find that the accused person paid the admission of guilt fine under a misapprehension. See DIE
STAAT V RUITER EN ANDERE 1962 (1) SA 161 (O); S
V MOTHAE (2) 1965 (2) SA 128 (O). To allow a conviction based on a misapprehension to stand, would be a serious miscarriage of justice. It is trite law that where there has been a failure of justice the reviewing court is entitled to set aside both the conviction and sentence.
I accordingly grant the following:
(1) The conviction and sentence are set aside.
(2) The matter is referred back to the magistrateâs court for trial.
_____
M.B. MOLEMELA, J
I agree.
____
C.B. CILLIé, J
MBM/sp
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