S v Du Plessis (R36/2021)
S v Du Plessis (R36/2021) [2021] ZAFSHC 158 (24 June 2021)
The court found that the magistrate failed to adequately question the accused regarding the functioning and calibration of the speed measuring device and the training of the officer who operated it. Without these admissions, not all elements of the offence were established. The proceedings were therefore not in accordance with justice, and both the conviction and sentence must be set aside.
Source excerpt
- Road Traffic Offences
- Guilty Plea Procedure
- Speed Measurement Evidence