In re Ticket Act 2020 SDSC 1
In re Ticket Act 2020 SDSC 1
| Date of judgment | 6th January 2020 |
|---|---|
| Justices | Chief Justice Match Stix Justice Danyo Justice Euphyrric |
| Held | Ticket Act was unconstitutional because it deprived the right to a fair trial |
| Ruling | 3-0 |
| Applicable precedent |
MAJORITY OPINION by Justice Danyo
(with Justices Match Stix and Euphyrric agreeing)
[1]. Article 22 (right to a fair trial), s3 states that “no one may be punished without their guilt being proven in a court in a fair trial”.
[2]. SDBI agents are able to give tickets (s1 of the Act) which consist of a "small punishment" (s2 of the Act). This means that SDBI agents are able to give a punishment summarily without a fair trial.
[3]. It isn't enough for the Ticket Act to allow people to request a trial instead of accepting the punishment (s3 of the Act), because the Constitution simply just doesn't allow punishment without a fair trial. This fact can't be voluntarily waived.
[4]. In respect to the respondent's argument that it is similar to pleading guilty in a pre-trial, the pre-trial is part of the trial process. If someone pleads guilty during the pre-trial, that only means the trial process is shortened and the judge is able to issue summary judgment. The defendant in those cases did receive a fair trial. We therefore reject the interpretation suggested by the respondent that the pre-trial "means before trial/previous to trial".
[5]. Therefore the Ticket Act is unconstitutional on the grounds of Article 22, in respect to the right to a fair trial. It is unconstitutional, void, and of no effect.
