S v Baloyi (A453/09) [2009] ZAGPPHC 233 (1 June 2009)
- Citation
- [2009] ZAGPPHC 233
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- C Botha, N Ranchod
- Case number
- A453/09
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- C Botha, N Ranchod
- Case number
- A453/09
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that the accused was correctly convicted of housebreaking with intent to be on the premises without permission, but the conviction should have explicitly referenced section 1(1) of the Trespass Act, 1959. The sentence imposed was deemed appropriate and confirmed. The review was necessary to clarify the statutory basis for the conviction, ensuring legal precision and compliance with statutory requirements.
Court disposition
Conviction and sentence confirmed with statutory clarification.
Orders
- The conviction is confirmed as a conviction of housebreaking with the intent to be on the premises broken into without permission in contravention of Section 1(1) of the Trespass Act, 1959 (Act 6 of 1959).
- The sentence is confirmed.
02
Material facts
Parties
The State
RespondentMaburaka Thomas Baloyi
Applicant03
Procedural history
Posture
Review Application / Special Review
04
Questions and positions
Legal issues
- 01
Whether the conviction for housebreaking with intent to trespass was correctly formulated under the applicable statutory provision.
- 02
Whether the sentence imposed was appropriate given the circumstances.
Party arguments
- Applicant
- The magistrate expressed doubt regarding the correctness of the conviction, specifically the absence of reference to the statutory basis for the offence of trespass.
- Respondent
- The state advocates argued that the accused was correctly found guilty, but the conviction should have referenced section 1(1) of the Trespass Act, 1959 (Act 6 of 1959). They also submitted that the sentence was appropriate.
05
Court’s reasoning
Legal principles
- 01
Section 1(1) of the Trespass Act, 1959 (Act 6 of 1959)
A conviction for trespass must reference the statutory provision under which the offence is created.
06
Ratio, limits and disposition
Ratio decidendi
The court held that the accused was correctly convicted of housebreaking with intent to be on the premises without permission, but the conviction should have explicitly referenced section 1(1) of the Trespass Act, 1959. The sentence imposed was deemed appropriate and confirmed. The review was necessary to clarify the statutory basis for the conviction, ensuring legal precision and compliance with statutory requirements.
Obiter and limits
- The memorandum from the state advocates was helpful in clarifying the statutory basis for the conviction.
Court disposition
Conviction and sentence confirmed with statutory clarification.
- The conviction is confirmed as a conviction of housebreaking with the intent to be on the premises broken into without permission in contravention of Section 1(1) of the Trespass Act, 1959 (Act 6 of 1959).
- The sentence is confirmed.
Source and reliance status
North Gauteng High Court, Pretoria
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Judgment
NOT
REPORTABLE
IN THE HIGH COURT OF SOUTH AFRICA
(NORTH GAUTENG HIGH COURT, PRETORIA)
Date: 1 June 2009
DATE: 27 May 2909
Case Number:A453/09
MAGISTRATE RAMOKGOPA ;
Case No: P542/07
Magistrate’s serial no:
High Court Ref No: 1753
THE STATE VS MABURAKA THOMAS BALOYI
REVIEW JUDGMENT
The accused was found guilty of housebreaking with intent to trespass and sentenced to two years' imprisonment The entire sentence was suspended for five years.
The magistrate referred the matter for special review because it occurred to him that he may have erred in convicting the accused as he did. It seems to me that the magistrate's doubts revolved round the reference to the offence of trespass without any reference to its statutory basis.
The state advocates, in their helpful memorandum, have demonstrated that the accused was correctly found guilty but that the conviction should have contained a reference to section 1(i) of the Trespass Act. 1959 (Act 6 of 1959).
I also agree that the sentence is appropriate.
The following order is made:
1. The conviction is confirmed as a conviction of housebreaking with the intent to be on the premises broken into without permission in contravention of Section 1(1) of the Trespass Act, 1959 (Act 6 of 1959).
2. The sentence is confirmed.
C BOTHA .
JUDGE
OF THE HIGH COURT
I agree
N
RANCHOD
ACTING
JUDGE OF THE HIGH COURT
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