S v Duze (618/2010) [2011] ZAFSHC 4 (6 January 2011)

S v Duze (618/2010) [2011] ZAFSHC 4 (6 January 2011)

The High Court found that the accused did not plead guilty to attempted murder, as he admitted only to intending to injure the complainant and not to murder him. Therefore, the conviction for attempted murder was not supported by the accused's plea or the record. In terms of section 304(4) of the Criminal Procedure Act, both the conviction and sentence must be set aside. The matter is referred back to the Regional Court for a new trial before a different magistrate.

Citation
[2011] ZAFSHC 4
Parties
Applicant: The State; Respondent: Malibongwe Duze
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
6 January 2011
Case Number
618/2010
Procedural Posture
Review Application / High Court Review of Regional Court Conviction and Sentence
Outcome
Conviction and sentence set aside; matter referred for de novo trial before another magistrate.
Judges
G.F. Wright, R
Legal Topics
Attempted Murder, Conviction Review, Section 304 Criminal Procedure Act, Plea and Admission
Criminal Law Attempted Murder Conviction Review Section 304 Criminal Procedure Act Plea and Admission

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Applicant

Malibongwe Duze

Respondent

Procedural Posture

Review Application / High Court Review of Regional Court Conviction and Sentence

Legal Issues

  1. 1 Whether the accused's plea supported a conviction for attempted murder.
  2. 2 Whether the conviction and sentence were valid in light of the accused's admissions.
  3. 3 Whether the matter should be referred for a de novo trial before another magistrate.

Ratio Decidendi

The High Court found that the accused did not plead guilty to attempted murder, as he admitted only to intending to injure the complainant and not to murder him. Therefore, the conviction for attempted murder was not supported by the accused's plea or the record. In terms of section 304(4) of the Criminal Procedure Act, both the conviction and sentence must be set aside. The matter is referred back to the Regional Court for a new trial before a different magistrate.

Court Disposition

Conviction and sentence set aside; matter referred for de novo trial before another magistrate.

Orders

  • The conviction and sentence are set aside in terms of section 304(4) of Act 51 of 1977.
  • The matter is referred back to the Regional Court for a de novo trial before another presiding officer.