S v Mlondo (A53/2014) [2014] ZAGPPHC 136 (30 January 2014)

S v Mlondo (A53/2014) [2014] ZAGPPHC 136 (30 January 2014)

The court held that section 170(1) of the Criminal Procedure Act is concerned only with persons who are not in custody and have not been released on bail. Since the accused was released on bail at the time of his failure to appear, the conviction and sentence imposed under section 170(1) were not in accordance with justice. The proceedings were therefore set aside.

Citation
[2014] ZAGPPHC 136
Parties
Applicant: The State; Respondent: Sphamandla Mlondo
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 January 2014
Case Number
A53/2014
Procedural Posture
Review Application / Special Review Under Section 302(1) of the Criminal Procedure Act
Outcome
Conviction and sentence set aside.
Judges
D.S. Molefe, H.J. De Vos
Legal Topics
Failure to Appear, Bail Procedure, Criminal Review, Section 170 Criminal Procedure Act
Criminal Law Civil Procedure Failure to Appear Bail Procedure Criminal Review Section 170 Criminal Procedure Act

Case Brief

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Parties

The State

Applicant

Sphamandla Mlondo

Respondent

Procedural Posture

Review Application / Special Review Under Section 302(1) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether an accused released on bail can be convicted under section 170(1) of the Criminal Procedure Act for failure to appear.
  2. 2 Whether the conviction and sentence were in accordance with justice.

Ratio Decidendi

The court held that section 170(1) of the Criminal Procedure Act is concerned only with persons who are not in custody and have not been released on bail. Since the accused was released on bail at the time of his failure to appear, the conviction and sentence imposed under section 170(1) were not in accordance with justice. The proceedings were therefore set aside.

Court Disposition

Conviction and sentence set aside.

Orders

  • The conviction and sentence imposed on the accused for contravening section 170(1) of the Criminal Procedure Act are set aside.
  • The main case against the accused should proceed for trial.