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South Africa decisions
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S v Jerline (R62/2024) [2024] ZAFSHC 399 (20 December 2024)
The High Court set aside a DUI conviction and sentence on special review because the guilty plea did not admit all elements and the alternative charge was not properly dealt with.
S v Singh (R19/21) [2021] ZAKZPHC 82 (1 April 2021)
On automatic review, the High Court set aside a guilty plea conviction for drunk driving because the magistrate did not properly establish impairment or explain mandatory licence suspension.
S v Lourens (16424, 205/16, 26/2016) [2016] ZAWCHC 58; 2016 (2) SACR 624 (WCC) (13 May 2016)
The High Court held that the magistrate erred by failing to consider the accused's personal circumstances, including his need for a driving licence for employment, his status as a first offender, and the absence of injury or accident. The court interpreted section 35(3) of the National Road Traffic Act to permit consideration of such circumstances, contrary to the restrictive approach in Greeff v S. The court found that the suspension of the accused's driving licence was unduly harsh and not in the interests of justice. Accordingly, the conviction and sentence were confirmed, but the order su…
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