S v Funani (4/2015)
S v Funani (4/2015) [2015] ZAECBHC 8 (17 April 2015)
The conviction was irregular because the magistrate failed to elicit a clear admission from the accused that his driving ability was impaired by alcohol, as required by law. The accused's statements before conviction did not amount to an admission of impairment, and his later comments in mitigation were coincidental and insufficient. Furthermore, the circumstances described by the accused suggested a possible defence or at least reasonable doubt as to whether his driving was impaired by alcohol or whether the collision was caused by another driver. The magistrate should have entered a plea of…
Source excerpt
- Drunken Driving
- Section 112 1 B Procedure
- Admissions On Guilty Plea
- Impaired Driving Ability