S v Greeff (640/94) [1995] ZASCA 95 (14 September 1995)

S v Greeff (640/94) [1995] ZASCA 95 (14 September 1995)

The court held that the process used to determine the blood alcohol concentration, as described by the forensic analyst, is fundamentally a chemical process requiring expertise in chemistry. The use of a computer (integrator) to process results does not alter the chemical nature of the analysis or undermine the evidentiary value of the certificate. The certificate complied with all statutory requirements and was admissible as prima facie proof of the appellant's blood alcohol concentration. No evidence was presented to rebut the certificate's prima facie status; in fact, the defence witness confirmed the reliability of the process. The appellant's arguments regarding the simplicity of the...

Citation
[1995] ZASCA 95
Parties
Appellant: Alfonso Deon Greeff; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
14 September 1995
Case Number
640/94
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal dismissed; conviction and sentence confirmed.
Judges
E M Grosskopf, Nestadt, Arr, Scott
Legal Topics
Driving Under Influence, Admissibility of Certificate, Forensic Evidence, Burden of Proof
Criminal Law Driving Under Influence Admissibility of Certificate Forensic Evidence Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Alfonso Deon Greeff

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the certificate issued under section 212(4)(a) of the Criminal Procedure Act is admissible as prima facie proof of blood alcohol concentration.
  2. 2 Whether the process used to determine blood alcohol concentration requires expertise in chemistry as contemplated by the statute.
  3. 3 Whether the use of a computer (integrator) in the analysis affects the evidentiary value of the certificate.

Ratio Decidendi

The court held that the process used to determine the blood alcohol concentration, as described by the forensic analyst, is fundamentally a chemical process requiring expertise in chemistry. The use of a computer (integrator) to process results does not alter the chemical nature of the analysis or undermine the evidentiary value of the certificate. The certificate complied with all statutory requirements and was admissible as prima facie proof of the appellant's blood alcohol concentration. No evidence was presented to rebut the certificate's prima facie status; in fact, the defence witness confirmed the reliability of the process. The appellant's arguments regarding the simplicity of the...

Court Disposition

Appeal dismissed; conviction and sentence confirmed.

Orders

  • The appeal is dismissed.
  • The conviction and sentence are confirmed.