S v Matross (47/2019) [2019] ZAWCHC 68; 2019 (2) SACR 331 (WCC) (13 June 2019)

S v Matross (47/2019) [2019] ZAWCHC 68; 2019 (2) SACR 331 (WCC) (13 June 2019)

The court found that the accused was not properly informed of the consequences of paying an admission of guilt fine, specifically that it would result in a criminal record. Section 56(1)(d) of the Criminal Procedure Act imposes a duty on the police officer to explain the import and significance of the written notice, including the serious consequences of payment. The failure to provide this explanation constitutes a procedural irregularity and a failure of justice. The court held that the admission of guilt fine and the resultant criminal record must be set aside as they were not in accordance with the interests of justice.

Citation
[2019] ZAWCHC 68
Parties
Applicant: The State; Respondent: Thembisa Matross
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
13 June 2019
Case Number
47/2019
Procedural Posture
Review Application / Special Review After Payment of Admission of Guilt Fine
Outcome
The accused's admission of guilt and resultant criminal record are set aside.
Judges
Francis, Henney
Legal Topics
Admission of Guilt Fine, Criminal Record, Fair Trial Rights, Section 56 Criminal Procedure Act
Criminal Law Civil Procedure Admission of Guilt Fine Criminal Record Fair Trial Rights Section 56 Criminal Procedure Act

Case Brief

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Parties

The State

Applicant

Thembisa Matross

Respondent

Procedural Posture

Review Application / Special Review After Payment of Admission of Guilt Fine

Legal Issues

  1. 1 Whether the accused was properly informed of the consequences of paying an admission of guilt fine.
  2. 2 Whether the failure to explain the import of the written notice invalidates the conviction and criminal record.
  3. 3 Whether the admission of guilt fine should be set aside in the interests of justice.

Ratio Decidendi

The court found that the accused was not properly informed of the consequences of paying an admission of guilt fine, specifically that it would result in a criminal record. Section 56(1)(d) of the Criminal Procedure Act imposes a duty on the police officer to explain the import and significance of the written notice, including the serious consequences of payment. The failure to provide this explanation constitutes a procedural irregularity and a failure of justice. The court held that the admission of guilt fine and the resultant criminal record must be set aside as they were not in accordance with the interests of justice.

Court Disposition

The accused's admission of guilt and resultant criminal record are set aside.

Orders

  • The accused’s admission of guilt in terms of section 57 of the Criminal Procedure Act 51 of 1977, made on 4 September 2016, is set aside.
  • The resultant entering in the criminal record book of the particulars contemplated in section 57(6) of the Criminal Procedure Act by the clerk of the court is set aside and such particulars shall be expunged from the criminal record book.