S v Wade (43/14) [2014] ZAGPJHC 84 (24 April 2014)

S v Wade (43/14) [2014] ZAGPJHC 84 (24 April 2014)

The accused was charged and convicted under the Civil Aviation Offences Act, 1972, which had been repealed by the Civil Aviation Act, 13 of 2009, effective from 31 March 2010. As the alleged offence occurred after the repeal, the conviction and sentence were based on a non-existing law. The proceedings were therefore vitiated by an irregularity and not in accordance with justice. The conviction and sentence must be set aside, and the admission of guilt fine refunded.

Citation
[2014] ZAGPJHC 84
Parties
Applicant: The State; Respondent: Daniel Wade
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
24 April 2014
Case Number
43/14
Procedural Posture
Criminal Review / Special Review Under Section 304(4) of Act 51 of 1977
Outcome
Conviction and sentence set aside; admission of guilt fine to be refunded.
Judges
FHD Van Oosten, G Wright
Legal Topics
Admission of Guilt Fine, Review Proceedings, Conviction on Repealed Statute
Criminal Law Admission of Guilt Fine Review Proceedings Conviction on Repealed Statute

Case Brief

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Parties

The State

Applicant

Daniel Wade

Respondent

Procedural Posture

Criminal Review / Special Review Under Section 304(4) of Act 51 of 1977

Legal Issues

  1. 1 Whether the conviction and sentence based on a repealed statute are valid.
  2. 2 Whether the proceedings were in accordance with justice under section 304(4) of Act 51 of 1977.

Ratio Decidendi

The accused was charged and convicted under the Civil Aviation Offences Act, 1972, which had been repealed by the Civil Aviation Act, 13 of 2009, effective from 31 March 2010. As the alleged offence occurred after the repeal, the conviction and sentence were based on a non-existing law. The proceedings were therefore vitiated by an irregularity and not in accordance with justice. The conviction and sentence must be set aside, and the admission of guilt fine refunded.

Court Disposition

Conviction and sentence set aside; admission of guilt fine to be refunded.

Orders

  • The conviction and sentence are set aside.
  • The amount of R500.00 must be refunded to the accused.