S v Frederiksen (33/2016) [2017] ZAFSHC 161; 2018 (1) SACR 29 (FB) (14 September 2017)

S v Frederiksen (33/2016) [2017] ZAFSHC 161; 2018 (1) SACR 29 (FB) (14 September 2017)

The court found that sections 55 and 58 of the National Health Act do not create criminal offences, as the Act does not prescribe penalties for their contravention. The principle of legality, enshrined in the Constitution, prohibits conviction for conduct not criminalised at the time of commission. The repealed Human Tissue Act did create offences, but the current Health Act does not. Therefore, the accused must be discharged on counts 8 to 27. Regarding count 54, the court held that conspiracy is a distinct crime under South African law if the agreement is entered into within South Africa, even if the crime is to be committed elsewhere. The evidence presented by the State is sufficient...

Citation
[2017] ZAFSHC 161
Parties
Applicant: The State; Defendant: Peter Frederiksen
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
14 September 2017
Case Number
33/2016
Procedural Posture
Criminal Trial / Section 174 Application After State Case Closed
Outcome
Accused acquitted on counts 8 to 27; application for discharge on counts 54 and 61 dismissed; accused to be put on his defence for counts 54 and 61.
Judges
Daffue
Legal Topics
Principle of Legality, Criminal Offences Under Health Act, Conspiracy to Commit Murder, Witness Influence, Section 174 Discharge
Criminal Law Principle of Legality Criminal Offences Under Health Act Conspiracy to Commit Murder Witness Influence Section 174 Discharge

Case Brief

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Parties

The State

Applicant

Peter Frederiksen

Defendant

Procedural Posture

Criminal Trial / Section 174 Application After State Case Closed

Legal Issues

  1. 1 Whether the accused can be convicted for transgressions of sections 55 and 58 of the National Health Act where no criminal offence is created by statute.
  2. 2 Whether the accused should be discharged on counts 8 to 27 (Health Act transgressions), count 54 (conspiracy to commit murder), and count 61 (influencing a witness) under section 174 of the Criminal Procedure Act.
  3. 3 Whether conspiracy to commit murder outside South Africa is justiciable under South African law when the conspiracy agreement was entered into within South Africa.

Ratio Decidendi

The court found that sections 55 and 58 of the National Health Act do not create criminal offences, as the Act does not prescribe penalties for their contravention. The principle of legality, enshrined in the Constitution, prohibits conviction for conduct not criminalised at the time of commission. The repealed Human Tissue Act did create offences, but the current Health Act does not. Therefore, the accused must be discharged on counts 8 to 27. Regarding count 54, the court held that conspiracy is a distinct crime under South African law if the agreement is entered into within South Africa, even if the crime is to be committed elsewhere. The evidence presented by the State is sufficient...

Court Disposition

Accused acquitted on counts 8 to 27; application for discharge on counts 54 and 61 dismissed; accused to be put on his defence for counts 54 and 61.

Orders

  • Accused's application for discharge on counts 8 to 27 is granted; accused is acquitted on these counts.
  • Accused's application for discharge on counts 54 and 61 is dismissed; accused is put to his defence on these counts.