S v Meeding (193/2011) [2011] ZAFSHC 151 (1 September 2011)

S v Meeding (193/2011) [2011] ZAFSHC 151 (1 September 2011)

The conviction and sentence imposed on the accused for contravening a protection order were irregular and invalid because the protection order had been rescinded prior to the alleged offence. Neither the prosecution nor the defence brought this fact to the attention of the trial magistrate. Once the true state of affairs was revealed, the magistrate correctly supported the setting aside of the conviction and sentence by way of special review. The court held that it is impermissible to convict and sentence an accused for contravening a legal instrument that no longer exists, and such proceedings must be set aside.

Citation
[2011] ZAFSHC 151
Parties
Applicant: The State; Respondent: David Meeding
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
1 September 2011
Case Number
193/2011
Procedural Posture
Review Application / Special Review
Outcome
Conviction and sentence set aside.
Judges
R Jordaan, R van Zyl
Legal Topics
Protection Order, Irregular Conviction, Sentence Review
Criminal Law Protection Order Irregular Conviction Sentence Review

Case Brief

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Parties

The State

Applicant

David Meeding

Respondent

Procedural Posture

Review Application / Special Review

Legal Issues

  1. 1 Whether the conviction and sentence for contravening a protection order were valid when the order had been rescinded prior to the alleged offence.
  2. 2 Whether the proceedings before the magistrate were irregular and should be set aside.

Ratio Decidendi

The conviction and sentence imposed on the accused for contravening a protection order were irregular and invalid because the protection order had been rescinded prior to the alleged offence. Neither the prosecution nor the defence brought this fact to the attention of the trial magistrate. Once the true state of affairs was revealed, the magistrate correctly supported the setting aside of the conviction and sentence by way of special review. The court held that it is impermissible to convict and sentence an accused for contravening a legal instrument that no longer exists, and such proceedings must be set aside.

Court Disposition

Conviction and sentence set aside.

Orders

  • The conviction and sentence are set aside.