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South Africa decisions
Decisions matching the current search
Hoosen v S (412/22) [2023] ZAWCHC 47 (6 March 2023)
The High Court set aside a conviction and sentence entered after payment of an admission of guilt fine, finding that the accused had not been properly informed.
Makhuvha v Minister of Justice and Correctional Services Ronald Lamola N.O. (77433/2018) [2021] ZAGPPHC 873 (7 December 2021)
The High Court set aside an admission of guilt conviction and fine after finding the applicant’s rights were not properly explained and the payment was made under duress.
Milner v The Minister of Justice and Constitutional Development and Others (23684/2021) [2021] ZAGPJHC 591 (4 November 2021)
The High Court removed an unopposed application from the roll and directed the applicant to pursue a special review under section 304(4) of the Criminal Procedure Act.
Mong v Director of Public Prosecutions and Another (17593/2018) [2019] ZAWCHC 106; [2019] 4 All SA 447 (WCC) (23 August 2019)
The court held that the entry of an admission of guilt fine as a conviction and sentence in the Criminal Record Book is only valid if a judicial officer has exercised discretion under section 57(7) of the Criminal Procedure Act. In this case, there was no evidence that the magistrate had examined the documents or exercised judicial discretion, and thus the process was incomplete. The entry of the conviction and sentence onto the Criminal Record Book and the register of criminal convictions of the South African Police Services was set aside. The court reaffirmed that judicial oversight is esse…
Source excerpt
S v Houtzamer (B7968969/08) [2015] ZAWCHC 25 (10 March 2015)
The High Court set aside an admission of guilt and deemed conviction where the accused was told to pay while still in custody and was not properly warned.
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