Slabbert v Pretorius and Another (2683/2012) [2012] ZAWCHC 363 (28 November 2012)

Slabbert v Pretorius and Another (2683/2012) [2012] ZAWCHC 363 (28 November 2012)

The court found that the applicant was wrongly advised by her attorney to plead guilty, under the misrepresentation that it would not affect her criminal record. The respondent did not provide a credible alternative version of events. The applicant demonstrated that she had a valid defence and that her rights were not properly protected during the initial proceedings. The court granted condonation for the late filing of the review application, set aside the conviction and sentence, and ordered the matter to be reheard in the Magistrate's Court with proper compliance with the Criminal Procedure Act. No costs order was made against the state.

Citation
[2012] ZAWCHC 363
Parties
Applicant: Deidre Slabbert; Respondent: R Pretorius NO; Respondent: The Director Public Prosecutions, Western Cape
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
28 November 2012
Case Number
2683/2012
Procedural Posture
Review Application / Application for Review of Criminal Conviction and Sentence
Outcome
Application for review granted; conviction and sentence set aside; matter referred for rehearing; condonation granted; no order as to costs.
Judges
Henney, Dlodlo
Legal Topics
Review of Magistrates Court, Condonation of Late Filing, Criminal Record Consequences, Plea Advice and Rights, National Road Traffic Act, Criminal Procedure Act Compliance
Criminal Law Civil Procedure Review of Magistrates Court Condonation of Late Filing Criminal Record Consequences Plea Advice and Rights National Road Traffic Act Criminal Procedure Act Compliance

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Parties

Deidre Slabbert

Applicant

R Pretorius NO

Respondent

The Director Public Prosecutions, Western Cape

Respondent

Procedural Posture

Review Application / Application for Review of Criminal Conviction and Sentence

Legal Issues

  1. 1 Whether the applicant was wrongly advised to plead guilty and misinformed about the consequences for her criminal record.
  2. 2 Whether the conviction and sentence should be set aside due to procedural irregularity and incorrect legal advice.
  3. 3 Whether condonation for late filing of the review application should be granted.

Ratio Decidendi

The court found that the applicant was wrongly advised by her attorney to plead guilty, under the misrepresentation that it would not affect her criminal record. The respondent did not provide a credible alternative version of events. The applicant demonstrated that she had a valid defence and that her rights were not properly protected during the initial proceedings. The court granted condonation for the late filing of the review application, set aside the conviction and sentence, and ordered the matter to be reheard in the Magistrate's Court with proper compliance with the Criminal Procedure Act. No costs order was made against the state.

Court Disposition

Application for review granted; conviction and sentence set aside; matter referred for rehearing; condonation granted; no order as to costs.

Orders

  • The late filing of the applicant's application for review is condoned.
  • The proceedings before the First Respondent under Magistrate's Court Mossel Bay case number A334/2008, in which the applicant was convicted and sentenced, are set aside.