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South Africa Judgment

Free State High Court, Bloemfontein

S v Wiese (61/2013) [2013] ZAFSHC 80 (23 May 2013)

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Source document

01

Holding and result

The court found that the record did not contain sufficient facts to establish that the accused's conduct amounted to negligence as required by law. The accused's explanation indicated he was driving slowly and did not see the other vehicle, and there was no evidence that a reasonable person would have foreseen the accident or acted differently. The Magistrate conceded the lack of factual basis for conviction and requested that the conviction and sentence be set aside. The reviewing court agreed, holding that both the conviction and sentence must be set aside due to the absence of proof of negligence.

Court disposition

Conviction and sentence set aside.

Orders

  • The conviction and sentence of the accused are set aside.

02

Material facts

Parties

The State

Applicant

Riaan Wiese

Respondent

Amounts and remedies

  • Fine Imposed by Magistrate: ZAR 2,000

03

Procedural history

  1. Posture

    Review Application / Automatic Review of Magistrate's Conviction and Sentence

04

Questions and positions

Legal issues

Party arguments

Applicant
The State prosecuted the accused for negligent driving after he pleaded guilty. The plea explanation indicated he was driving slowly, alone, on a dry road, and collided with another vehicle that turned sharply. No injuries or serious damage occurred. The State relied on the accused's admission and the circumstances to support the conviction.
Respondent
The accused admitted to the collision but explained he was driving slowly and did not see the other vehicle. The Presiding Magistrate conceded there were no facts showing that a reasonable person in the accused's position would have foreseen the accident or taken steps to avoid it. The Magistrate requested the conviction and sentence be set aside.

05

Court’s reasoning

  1. 01

    South African criminal law principles

    A conviction for negligent driving requires proof that the accused's conduct deviated from that of a reasonable person and that a reasonable person would have foreseen the possibility of an accident and taken steps to avoid it.

  2. 02

    S v Ngubane 1985 (3) SA 677 (A)

    In the absence of facts establishing negligence, a conviction cannot stand.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the record did not contain sufficient facts to establish that the accused's conduct amounted to negligence as required by law. The accused's explanation indicated he was driving slowly and did not see the other vehicle, and there was no evidence that a reasonable person would have foreseen the accident or acted differently. The Magistrate conceded the lack of factual basis for conviction and requested that the conviction and sentence be set aside. The reviewing court agreed, holding that both the conviction and sentence must be set aside due to the absence of proof of negligence.

Obiter and limits

  • The court noted that automatic reviews serve as an important safeguard against wrongful convictions where the factual basis is insufficient.
  • The absence of injuries or serious damage further highlighted the lack of evidence supporting negligence.

Court disposition

Conviction and sentence set aside.

  • The conviction and sentence of the accused are set aside.

Source and reliance status

Free State High Court, Bloemfontein

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Judgment reading view

Judgment text

The complete available source text.

Source document

Free State High Court, Bloemfontein

Judgment

[2013] ZAFSHC 80

3

/hw

FREE STATE HIGH COURT, BLOEMFONTEIN

(REPUBLIC OF SOUTH AFRICA)

REVIEW NO: 61/2013

In the matter between:-

THE STATE

and

RIAAN WIESE

CORAM:DAFFUE, J et VAN ROOYEN, AJ

JUDGEMENT BY:VAN ROOYEN AJ

DELIVERED ON: 23 MAY 2013

[1] This is an automatic review. The accused was charged in the Magistrate’s Court, Bloemfontein for negligent driving of a Toyota Bakkie, registration number PJB 153 GP. He pleaded guilty, as charged of negligent driving and sentenced to pay a fine of R2 000,00 or to undergo imprisonment for a period of six months.

[2] The review was initially referred to Bloem AJ who directed the following enquiries to the Presiding Magistrate:

“The accused pleaded guilty. He said the following in his plea explanation:

1 He was driving his vehicle along Jan Spies and Karl Kielblock Street, Bloemfontein on 29 May 2010.

He was on his way to a friend. He was alone in his vehicle.

It was approximately 10h00. The road was dry.

He wanted to turn left when another vehicle, coming from the right, turned sharply. The accused did not see that vehicle. The

accused’s vehicle collided with the other vehicle from behind.

At the time the accused drove slowly- approximately 30 km/h.

No one was injured in the collision. There was no serious damage to the other vehicle. The accused’s vehicle was not damaged.

In the absence of facts, to show that a reasonable person in the position of the accused would have foreseen the possibility of an

accident occurring, that a reasonable person would have taken steps to avoid the accident and that the accused failed to take those

steps, on what factual basis did the Magistrate convict the accused?”

[3] To this enquiry the Magistrate gave reasons:

“I concede to the fact that there was no facts to show that a reasonable person in the position of the accused could have foreseen the possibility of an accident occurring, that a reasonable person would have taken steps to avoid the accident occurring, that a reasonable person would have taken steps to avoid the accident and that the accused conduct thus conform to that of a reasonable person.

I humbly request the Honourable Judge to set aside the conviction and sentence.”

I have read the record and I am satisfied that the conviction and sentence cannot stand and should be set aside.

ORDER:

Therefore the following order is made:

The conviction and sentence of the accused are set aside.

______

P C F VAN ROOYEN, AJ

I concur.

_____

J P DAFFUE, J

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

S v Ngubane 1985 (3) SA 677 (A)

Case cited

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