S v Snyman
S v Snyman [2003] ZAFSHC 29 (13 November 2003)
The court found that the appellant's explanation for her absence on 1 October 2002 was credible and corroborated by her friend, who had notified three named court officials of her illness. The evidence established that the appellant took reasonable steps to inform the court and that her failure to appear was not due to fault on her part. The court held that, in light of the constitutional requirement for a reasonable possibility, the conviction under section 170(2) (which should have been section 188) was incorrect. The absence of reasons for conviction by the magistrate further undermined th…
Source excerpt
- Failure To Appear
- Criminal Procedure Act
- Burden Of Proof
- Reasonable Possibility
- Summons And Warning