S v Farrell (C1008/06 , R64/06) [2006] ZANCHC 3 (3 November 2006)

S v Farrell (C1008/06 , R64/06) [2006] ZANCHC 3 (3 November 2006)

The accused, assisted by his legal representative, made a statement under section 112 of the Criminal Procedure Act, admitting to all elements of assault common and acknowledging that his resistance to arrest was unlawful. There was no indication of misunderstanding or misrepresentation. The court found that the proceedings were regular, the conviction was proper, and no valid defence was disclosed in the plea. Accordingly, there was no basis to set aside the conviction or sentence on special review.

Citation
[2006] ZANCHC 3
Parties
Applicant: The State; Respondent: Hendrik Farrel
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
3 November 2006
Case Number
C1008/06
Procedural Posture
Special Review / Review of Conviction and Sentence
Outcome
Conviction and sentence confirmed; case not reviewable.
Judges
B C Molwantwa, L P Tlaletsi
Legal Topics
Assault Common, Plea Procedure, Section 112 Statement, Unlawful Resistance to Arrest
Criminal Law Assault Common Plea Procedure Section 112 Statement Unlawful Resistance to Arrest

Case Brief

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Parties

The State

Applicant

Hendrik Farrel

Respondent

Procedural Posture

Special Review / Review of Conviction and Sentence

Legal Issues

  1. 1 Whether the accused's plea disclosed a valid defence to the charge of assault common.
  2. 2 Whether the conviction and sentence should be set aside on special review.

Ratio Decidendi

The accused, assisted by his legal representative, made a statement under section 112 of the Criminal Procedure Act, admitting to all elements of assault common and acknowledging that his resistance to arrest was unlawful. There was no indication of misunderstanding or misrepresentation. The court found that the proceedings were regular, the conviction was proper, and no valid defence was disclosed in the plea. Accordingly, there was no basis to set aside the conviction or sentence on special review.

Court Disposition

Conviction and sentence confirmed; case not reviewable.

Orders

  • The case is not reviewable.
  • The conviction and sentence imposed by the Magistrate are confirmed.