S v Mtyhole (R255/2018)
S v Mtyhole (R255/2018) [2018] ZAFSHC 156 (18 October 2018)
The review court found that although the accused intended to plead guilty and admitted the offence, the trial magistrate failed to elicit a sufficient factual basis for the plea, particularly regarding the circumstances under which the offence was committed and possible defences such as necessity. The accused's explanation in mitigation—that he was rushing due to his wife's labour—should have prompted further inquiry to determine the presence or absence of unlawfulness. The record was incomplete regarding the required inquiry under section 35 of the National Road Traffic Act. As a result, the…
Source excerpt
- Automatic Review
- Speeding Offence
- Criminal Procedure Act Section 112
- National Road Traffic Act Section 35
- Conviction And Sentence
- Mens Rea