S v Peters (189/2003) [2003] ZANCHC 3 (1 April 2003)

S v Peters (189/2003) [2003] ZANCHC 3 (1 April 2003)

The conviction and sentence imposed on the accused for failing to appear in court are set aside because it was established that the accused was in lawful custody on the date in question and therefore could not comply with the requirement to appear. The court accepts the confirmation from the Department of Correctional Services as sufficient proof that the accused's absence was involuntary and not due to wilful default. It would be unjust to uphold a conviction where the accused was prevented by circumstances beyond his control from fulfilling his legal obligation.

Citation
[2003] ZANCHC 3
Parties
Applicant: The State; Respondent: Vuzumuzi Mendelson Peters
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
1 April 2003
Case Number
189/2003
Procedural Posture
Review Application / Special Review
Outcome
Conviction and sentence set aside.
Judges
C.C Williams
Legal Topics
Failure to Appear, Criminal Procedure Act, Setting Aside Conviction
Criminal Law Failure to Appear Criminal Procedure Act Setting Aside Conviction

Case Brief

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Parties

The State

Applicant

Vuzumuzi Mendelson Peters

Respondent

Procedural Posture

Review Application / Special Review

Legal Issues

  1. 1 Whether the conviction and sentence for failure to appear in court under section 72(4) of Act 51 of 1977 should be set aside when the accused was in custody at the time of the alleged offence.

Ratio Decidendi

The conviction and sentence imposed on the accused for failing to appear in court are set aside because it was established that the accused was in lawful custody on the date in question and therefore could not comply with the requirement to appear. The court accepts the confirmation from the Department of Correctional Services as sufficient proof that the accused's absence was involuntary and not due to wilful default. It would be unjust to uphold a conviction where the accused was prevented by circumstances beyond his control from fulfilling his legal obligation.

Court Disposition

Conviction and sentence set aside.

Orders

  • The conviction and sentence of the accused for contravening section 72(4) of Act 51 of 1977 are hereby set aside.