S v Omar (R31/18)
S v Omar (R31/18) [2018] ZAFSHC 63 (6 April 2018)
The conviction cannot stand because the accused did not admit all the essential elements of the offence, specifically that he drove on a public road and that the speed measuring device was properly calibrated and operated by a trained person. The presiding officer failed to elicit these admissions and did not satisfy the requirements for a valid conviction under section 59(4) of the National Road Traffic Act. The questioning fell short of the standards required by section 112(1)(b) of the Criminal Procedure Act, and the court cannot take judicial notice of facts not admitted by the accused. A…
Source excerpt
- Criminal Procedure Act
- Speeding Offence
- Admissions In Plea
- Calibration Of Speed Device