About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Free State High Court, Bloemfontein
SAFLII
>>
Databases
>>
South Africa: Free State High Court, Bloemfontein
>>
2014
>>
[2014] ZAFSHC 239
|
|
S v York (211/2014) [2014] ZAFSHC 239 (4 December 2014)
IN
THE HIGH COURT OF SOUTH AFRICA
FREE
STATE DIVISION. BLOEMFONTEIN
Review
No: 211/2014
In the matter
between:-
THE STATE
and
ANDREW VERNON
YORK
JUDGMENT
BY:
VAN
DER MERWE, J
DELIVERED
ON:
4
DECEMBER 2014
[1] This matter was
referred to this court for special review with the request that the
conviction and sentence be set aside.
[2]
In terms of a summons served on the accused in terms of s 54 of the
Criminal Procedure Act 51/1977, the accused was charged
in the
magistrates' court in Bloemfontein with
crimen
iniuria.
An
admission of guilt fine in the amount of R300.00 was determined and
paid by the accused. In the result the accused is in terms
of section
57(6) of the Act deemed to have been convicted and sentenced by that
court.
[3]
The documents were examined in terms of s 57(7) of the Act and the
Magistrate did not set aside the conviction and sentence.
The
magistrates’ court of Bloemfontein therefore also became
functus officio.
[4] The accused
subsequently filed an affidavit stating that he sought advice before
he paid the admission of guilt fine and that
he was informed that
payment thereof would not result in a criminal record. He states that
he did not intend to plead guilty to
the crime and that he only paid
the admission of guilt fine to get rid of the case in the light of
the advice that he received.
He says that he would not have paid the
fine had he been properly advised. In the consequence there is a
reasonable doubt as to
the correctness of the conviction.
[5] The conviction
and sentence are set aside.
C H G VAN DER
MERWE, J
I concur.
H MURRAY, AJ