S v Z.G (70/W 3389548) [2019] ZAWCHC 45; 2019 (2) SACR 162 (WCC) (27 February 2019)

S v Z.G (70/W 3389548) [2019] ZAWCHC 45; 2019 (2) SACR 162 (WCC) (27 February 2019)

The court found that the accused, being a minor at the time of arrest, was not afforded the procedural protections mandated by the Child Justice Act. The arresting officer issued a section 56 notice and accepted an admission of guilt fine without conducting a preliminary inquiry or informing the accused and his mother of the legal consequences. This contravened section 18(2) of the Child Justice Act, which expressly prohibits the use of admission of guilt fines for minors. The failure of both the police and the magistrate to identify and correct this irregularity resulted in a miscarriage of justice. The court held that the admission of guilt and the resultant deemed conviction were...

Citation
[2019] ZAWCHC 45
Parties
Respondent: The State; Applicant: Z G
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
27 February 2019
Case Number
70/W 3389548
Procedural Posture
Review Application / High Court Review of Magistrate's Admission of Guilt Procedure
Outcome
Admission of guilt and resultant conviction set aside; criminal record expunged.
Judges
Francis, Nuku
Legal Topics
Admission of Guilt Fine, Child Justice Act, Unlawful Possession of Cannabis, Minor Offender Procedure
Criminal Law Family and Children Admission of Guilt Fine Child Justice Act Unlawful Possession of Cannabis Minor Offender Procedure

Case Brief

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Parties

The State

Respondent

Z G

Applicant

Procedural Posture

Review Application / High Court Review of Magistrate's Admission of Guilt Procedure

Legal Issues

  1. 1 Whether the admission of guilt fine paid by a minor under section 57 of the Criminal Procedure Act was lawful.
  2. 2 Whether the procedural safeguards of the Child Justice Act were complied with.
  3. 3 Whether the resultant deemed conviction and criminal record entry should be set aside.

Ratio Decidendi

The court found that the accused, being a minor at the time of arrest, was not afforded the procedural protections mandated by the Child Justice Act. The arresting officer issued a section 56 notice and accepted an admission of guilt fine without conducting a preliminary inquiry or informing the accused and his mother of the legal consequences. This contravened section 18(2) of the Child Justice Act, which expressly prohibits the use of admission of guilt fines for minors. The failure of both the police and the magistrate to identify and correct this irregularity resulted in a miscarriage of justice. The court held that the admission of guilt and the resultant deemed conviction were...

Court Disposition

Admission of guilt and resultant conviction set aside; criminal record expunged.

Orders

  • The accused’s admission of guilt in terms of section 57 of the Criminal Procedure Act 51 of 1977, made on 24 June 2011, is set aside.
  • The entry in the criminal record book of the particulars contemplated in section 57(6) of the Criminal Procedure Act is set aside and such particulars shall be expunged from the criminal record book.