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South Africa Judgment

Free State High Court, Bloemfontein

S v Coetzer (619/2009) [2009] ZAFSHC 125 (1 December 2009)

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Source document

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

Applicant

Johannes Jacobus Coetzer

Respondent

Amounts and remedies

  • Value of Goods Allegedly Stolen: ZAR 73.04
  • Admission of Guilt Fine Paid: ZAR 200

03

Procedural history

  1. Posture

    Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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

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Judgment text

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Source document

Free State High Court, Bloemfontein

Judgment

[2009] ZAFSHC 125

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 accused’s 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 magistrate’s court for trial.

_____

M.B. MOLEMELA, J

I agree.

____

C.B. CILLIé, J

MBM/sp

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Die Staat v Ruiter en Andere 1962 (1) SA 161 (O)

Case cited

S v Mothae (2) 1965 (2) SA 128 (O)

Case cited

Criminal Procedure Act, 51 of 1977

Legislation

Legislation referenced in the available case record.

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