South Africa Case Law

S v Mutobvu (A800/12)

S v Mutobvu (A800/12) [2012] ZAGPPHC 289; 2013 (2) SACR 366 (GNP) (15 November 2012)

Court

North Gauteng High Court, Pretoria

Case number

A800/12

Judges

N Ranchod, S P Mothle

The court found that the accused paid the admission of guilt fine under a mistaken belief, without legal representation or proper explanation of the consequences. The official summons did not set out the effect of payment, and the accused had already compensated the complainant, who supported withdrawal of the charge. The Director of Public Prosecutions agreed that prosecution was not appropriate and that restorative justice should apply. The court held that equity and justice required the conviction and sentence to be set aside, and the fine refunded, as the accused would have had a probable…

Source excerpt

• Admission Of Guilt Fine
• Criminal Record Removal
• Restorative Justice
• Failure To Stop After Accident

S v Fynn (2011 (2) SACR 178 (KZP))

S v Fynn (2011 (2) SACR 178 (KZP)) [2011] ZAKZPHC 6; DR 619/10 (10 February 2011)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

DR 619/10

Judges

Ndlovu, Mokgohloa

The High Court set aside an admission of guilt conviction for assault because the written notice was fatally defective and did not disclose an offence.

• Admission Of Guilt Fine
• Defective Charge Sheet
• Criminal Record Removal
• Section 57 Criminal Procedure Act
• Admission-of-guilt-fine
• Defective-charge-sheet