S v Mckenzie (142/06) [2006] ZANCHC 101 (18 August 2006)

S v Mckenzie (142/06) [2006] ZANCHC 101 (18 August 2006)

The acting magistrate erred in treating the accused's failure to pay the deferred fine as a separate criminal offence and convicting him of contempt of court. The correct procedure was to consider the accused's explanation and either grant further extension for payment or enforce the original sentence. The second conviction and sentence imposed on 5 July 2006 were unlawful and must be set aside. The original conviction and sentence from 10 November 2005 are confirmed, and the accused is granted an additional opportunity to pay the fine.

Citation
[2006] ZANCHC 101
Parties
Applicant: The State; Respondent: Jonathan Mckenzie
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
18 August 2006
Case Number
142/06
Procedural Posture
Review Application / Special Review
Outcome
The conviction and sentence imposed on 5 July 2006 are set aside. The original conviction and sentence from 10 November 2005 are confirmed. The accused is granted an opportunity to pay the fine by 31 August 2006.
Judges
MAJIEDT R, WILLIAMS R
Legal Topics
Failure to Pay Fine, Contempt of Court, Public Intoxication
Criminal Law Failure to Pay Fine Contempt of Court Public Intoxication

Case Brief

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Parties

The State

Applicant

Jonathan Mckenzie

Respondent

Procedural Posture

Review Application / Special Review

Legal Issues

  1. 1 Whether the accused's failure to pay a deferred fine constitutes a separate criminal offence.
  2. 2 Whether the magistrate erred in treating non-payment as contempt of court.
  3. 3 Whether the conviction and sentence imposed on 5 July 2006 were lawful.

Ratio Decidendi

The acting magistrate erred in treating the accused's failure to pay the deferred fine as a separate criminal offence and convicting him of contempt of court. The correct procedure was to consider the accused's explanation and either grant further extension for payment or enforce the original sentence. The second conviction and sentence imposed on 5 July 2006 were unlawful and must be set aside. The original conviction and sentence from 10 November 2005 are confirmed, and the accused is granted an additional opportunity to pay the fine.

Court Disposition

The conviction and sentence imposed on 5 July 2006 are set aside. The original conviction and sentence from 10 November 2005 are confirmed. The accused is granted an opportunity to pay the fine by 31 August 2006.

Orders

  • The conviction and sentence imposed on 5 July 2006 are set aside.
  • The conviction and sentence from 10 November 2005 are confirmed.