S v Essop and Another (94/2020) [2021] ZAGPPHC 576 (17 June 2021)

S v Essop and Another (94/2020) [2021] ZAGPPHC 576 (17 June 2021)

Although section 304A of the Criminal Procedure Act is not applicable to accused who are legally represented, the High Court may intervene in the interests of justice where a gross irregularity has occurred. In this case, accused number two was convicted on both the main count and the alternative counts, resulting in an impermissible duplication of convictions. The irregularity is of such a nature that it would inevitably lead to the setting aside of the convictions and sentences if left unaddressed. To avoid unnecessary delay and piecemeal litigation, the High Court set aside the duplicated convictions and remitted the matter for sentencing on the remaining charges.

Citation
[2021] ZAGPPHC 576
Parties
Applicant: The State; Respondent: I Essop; Respondent: AH Lamalia
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 June 2021
Case Number
94/2020
Procedural Posture
Review Application / Special Review Before Sentence Under Section 304 a of the Criminal Procedure Act
Outcome
Accused number two's convictions on alternative charges 31 to 53 are set aside; the matter is remitted to the magistrate for sentencing on the remaining charges.
Judges
R G Tolmay, H De Vos
Legal Topics
Duplication of Convictions, Special Review, Section 304a, Irregularity in Proceedings, Admissibility of Hearsay Evidence
Criminal Law Civil Procedure Duplication of Convictions Special Review Section 304a Irregularity in Proceedings Admissibility of Hearsay Evidence

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Parties

The State

Applicant

I Essop

Respondent

AH Lamalia

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether section 304A of the Criminal Procedure Act applies to accused who were legally represented.
  2. 2 Whether there was an irregular duplication of convictions in the magistrate's court.
  3. 3 Whether the High Court should intervene before sentence due to gross irregularity.

Ratio Decidendi

Although section 304A of the Criminal Procedure Act is not applicable to accused who are legally represented, the High Court may intervene in the interests of justice where a gross irregularity has occurred. In this case, accused number two was convicted on both the main count and the alternative counts, resulting in an impermissible duplication of convictions. The irregularity is of such a nature that it would inevitably lead to the setting aside of the convictions and sentences if left unaddressed. To avoid unnecessary delay and piecemeal litigation, the High Court set aside the duplicated convictions and remitted the matter for sentencing on the remaining charges.

Court Disposition

Accused number two's convictions on alternative charges 31 to 53 are set aside; the matter is remitted to the magistrate for sentencing on the remaining charges.

Orders

  • Accused no 2's convictions on the alternative charges 31 to 53 are set aside.
  • The matter is remitted to the magistrate for imposition of sentence on the remaining charges.