S v Thekiso (393/2011) [2011] ZAFSHC 203 (8 December 2011)

S v Thekiso (393/2011) [2011] ZAFSHC 203 (8 December 2011)

The court found that an administrative error led to the accused paying double the amount determined by the prosecutor for the admission of guilt fine. The correct procedure requires that only the amount set by the prosecutor be paid. Therefore, the deemed sentence of R100 was set aside and replaced with the correct sentence of R50, and the excess amount was ordered to be refunded to the accused.

Citation
[2011] ZAFSHC 203
Parties
Applicant: The State; Respondent: Kenneth Thekiso
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
8 December 2011
Case Number
393/2011
Procedural Posture
Review Application / Review of Admission of Guilt Fine
Outcome
The deemed sentence of R100 is set aside and replaced with a sentence of R50. The amount of R50 is to be repaid to the accused.
Judges
Van der Merwe, Van Zyl
Legal Topics
Admission of Guilt Fine, Administrative Error, Sentence Correction
Criminal Law Civil Procedure Admission of Guilt Fine Administrative Error Sentence Correction

Case Brief

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Parties

The State

Applicant

Kenneth Thekiso

Respondent

Procedural Posture

Review Application / Review of Admission of Guilt Fine

Legal Issues

  1. 1 Whether the correct amount for the admission of guilt fine was imposed.
  2. 2 Whether the accused is entitled to a refund of the excess amount paid.

Ratio Decidendi

The court found that an administrative error led to the accused paying double the amount determined by the prosecutor for the admission of guilt fine. The correct procedure requires that only the amount set by the prosecutor be paid. Therefore, the deemed sentence of R100 was set aside and replaced with the correct sentence of R50, and the excess amount was ordered to be refunded to the accused.

Court Disposition

The deemed sentence of R100 is set aside and replaced with a sentence of R50. The amount of R50 is to be repaid to the accused.

Orders

  • The deemed sentence of R100 is set aside and replaced with a sentence of R50.
  • The amount of R50 is to be repaid to the accused.