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South Africa decisions
Decisions matching the current search
S v Mohadin (25/2022; 9/451/2021; 01/2022) [2022] ZAWCHC 59 (25 April 2022)
Automatic review set aside a theft conviction and 12-month sentence because the guilty-plea questioning under section 112(1)(b) was inadequate.
S v Ntepe and Another (R 85/2020) [2021] ZAFSHC 78 (11 March 2021)
The convictions of both accused for contravening section 170(1) of the Criminal Procedure Act 51 of 1977 were set aside because the enquiry into their failure to appear was not conducted in accordance with the requirements of procedural fairness. The accused were not properly informed of their rights, including the right to remain silent and the consequences thereof, and the enquiry was conducted under the incorrect statutory provision. The magistrate conceded the procedural error, and the court found that the convictions could not stand, even though the sentences had already been served. It…
Source excerpt
S v Makutoane (116/2015) [2015] ZAFSHC 143 (24 July 2015)
The High Court set aside a conviction and sentence on special review after finding gross irregularities, including failures to explain rights and comply with sentencing requirements.
S v Masiu (114/2015) [2015] ZAFSHC 145 (24 July 2015)
On special review, the High Court set aside a conviction and sentence after finding gross procedural irregularities in magistrates’ court proceedings.
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