S v Chokoe (A405/2012) [2012] ZAGPPHC 95 (7 June 2012)

S v Chokoe (A405/2012) [2012] ZAGPPHC 95 (7 June 2012)

The court found that the accused was convicted of possession of stolen property despite being charged only with housebreaking with intent to steal and theft. The record did not reflect that an alternative count was properly put to the accused, nor that the admissions made covered all elements of the offence. The accused did not admit to the intention to permanently deprive the complainant of ownership, and the procedural requirements under sections 220, 115(2), and 112 of Act 51 of 1977 were not properly followed. As a result, the conviction and sentence were not in accordance with the law and had to be set aside. The matter was referred back to the Magistrate's Court for a plea of not...

Citation
[2012] ZAGPPHC 95
Parties
Applicant: The State; Respondent: Bongani Joseph Chokoe
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 June 2012
Case Number
A405/2012
Procedural Posture
Criminal Review / Special Review Under Section 304(4) of Act 51 of 1977
Outcome
Conviction and sentence set aside; matter referred back for trial de novo.
Judges
R G Tolmay, T J Raulinga
Legal Topics
Competent Verdicts, Admissions Under Section 220, Housebreaking and Theft, Possession of Stolen Property, Procedural Irregularity
Criminal Law Competent Verdicts Admissions Under Section 220 Housebreaking and Theft Possession of Stolen Property Procedural Irregularity

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Applicant

Bongani Joseph Chokoe

Respondent

Procedural Posture

Criminal Review / Special Review Under Section 304(4) of Act 51 of 1977

Legal Issues

  1. 1 Whether the accused was properly convicted of possession of stolen property when only housebreaking with intent to steal and theft was charged.
  2. 2 Whether the admissions made by the accused satisfied the elements of the offence of possession of stolen property.
  3. 3 Whether the conviction and sentence were in accordance with the law.

Ratio Decidendi

The court found that the accused was convicted of possession of stolen property despite being charged only with housebreaking with intent to steal and theft. The record did not reflect that an alternative count was properly put to the accused, nor that the admissions made covered all elements of the offence. The accused did not admit to the intention to permanently deprive the complainant of ownership, and the procedural requirements under sections 220, 115(2), and 112 of Act 51 of 1977 were not properly followed. As a result, the conviction and sentence were not in accordance with the law and had to be set aside. The matter was referred back to the Magistrate's Court for a plea of not...

Court Disposition

Conviction and sentence set aside; matter referred back for trial de novo.

Orders

  • The conviction and sentence are set aside.
  • The matter is referred back to the Magistrate's Court Benoni for a plea of not guilty to be entered and the matter to start de novo.