S v Mucale [2009] ZAFSHC 71 (11 June 2009)

S v Mucale [2009] ZAFSHC 71 (11 June 2009)

The court found that the accused had paid admission of guilt fines on both the main and alternative charges due to a clerical error. Since the alternative charge was not intended to result in a separate conviction and penalty, the conviction on the alternative charge must be set aside and the amount paid refunded. The court ordered that the conviction on the alternative charge be set aside and that the amount of R100.00 be refunded to the accused.

Citation
[2009] ZAFSHC 71
Parties
Applicant: The State; Respondent: Mario R. Mucale
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
11 June 2009
Case Number
304/2009
Procedural Posture
Review Application / Review of Magistrate's Decision
Outcome
Conviction on the alternative charge set aside; refund of R100.00 ordered to the accused.
Judges
C.H.G. Van der Merwe, G.F. Wright
Legal Topics
Criminal Procedure Act Section 56, Criminal Procedure Act Section 57, Duplicate Penalties, Traffic Offences
Criminal Law Criminal Procedure Act Section 56 Criminal Procedure Act Section 57 Duplicate Penalties Traffic Offences

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Parties

The State

Applicant

Mario R. Mucale

Respondent

Procedural Posture

Review Application / Review of Magistrate's Decision

Legal Issues

  1. 1 Whether the conviction and penalty on the alternative charge should be set aside due to double payment of admission of guilt fines.
  2. 2 Whether the accused is entitled to a refund of the amount paid on the alternative charge.

Ratio Decidendi

The court found that the accused had paid admission of guilt fines on both the main and alternative charges due to a clerical error. Since the alternative charge was not intended to result in a separate conviction and penalty, the conviction on the alternative charge must be set aside and the amount paid refunded. The court ordered that the conviction on the alternative charge be set aside and that the amount of R100.00 be refunded to the accused.

Court Disposition

Conviction on the alternative charge set aside; refund of R100.00 ordered to the accused.

Orders

  • The conviction on the alternative charge is set aside.
  • The amount of R100.00 paid by the accused on the alternative charge is to be refunded to him.