S v Rheeder [2010] ZAFSHC 48 (19 May 2010)

S v Rheeder [2010] ZAFSHC 48 (19 May 2010)

The magistrate failed to establish whether the accused admitted that his driving skills were impaired due to alcohol intake, which is a necessary element of the offence. This omission invalidates the conviction and sentence. The review court intervened to set aside both the conviction and sentence, remitting the matter for proper questioning in compliance with section 112(1)(b) of the Criminal Procedure Act.

Citation
[2010] ZAFSHC 48
Parties
Applicant: THE STATE; Respondent: WYNAND RHEEDER
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
19 May 2010
Case Number
213/2010
Procedural Posture
Review Application / Review of Magistrate's Conviction and Sentence
Outcome
Conviction and sentence set aside; matter remitted for further questioning.
Judges
A.S. Boonzaaier, C.B. Cillié
Legal Topics
Driving Under Influence, Criminal Procedure Act, Conviction Nullification, Reviewable Sentence
Criminal Law Driving Under Influence Criminal Procedure Act Conviction Nullification Reviewable Sentence

Case Brief

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Parties

THE STATE

Applicant

WYNAND RHEEDER

Respondent

Procedural Posture

Review Application / Review of Magistrate's Conviction and Sentence

Legal Issues

  1. 1 Whether the accused admitted all elements of the offence, specifically impairment of driving skills due to alcohol intake.
  2. 2 Whether the magistrate's omission to question the accused on impairment nullifies the conviction.
  3. 3 Whether the sentence imposed was reviewable and properly processed.

Ratio Decidendi

The magistrate failed to establish whether the accused admitted that his driving skills were impaired due to alcohol intake, which is a necessary element of the offence. This omission invalidates the conviction and sentence. The review court intervened to set aside both the conviction and sentence, remitting the matter for proper questioning in compliance with section 112(1)(b) of the Criminal Procedure Act.

Court Disposition

Conviction and sentence set aside; matter remitted for further questioning.

Orders

  • The conviction and sentence of the accused are set aside.
  • The matter is remitted to the Magistrate for further questioning in compliance with section 112(1)(b) of the Criminal Procedure Act.