S v M (A536/17, SR256/2017) [2017] ZAGPPHC 698; 2018 (1) SACR 18 (GP) (17 October 2017)

S v M (A536/17, SR256/2017) [2017] ZAGPPHC 698; 2018 (1) SACR 18 (GP) (17 October 2017)

The conviction of the accused, who was 12 years old at the time of the offence, cannot stand because there was no proof or admission of criminal capacity. The proper procedure, as set out in section 113(1) of the Criminal Procedure Act, requires the regional magistrate to record a plea of not guilty and allow the prosecution to proceed. The High Court exercises its review powers to remit the matter to the regional court for correction, rather than setting aside the conviction outright. This ensures that the accused's rights are protected and that the correct legal process is followed for child accused persons.

Citation
[2017] ZAGPPHC 698
Parties
Applicant: The State; Respondent: M M
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 October 2017
Case Number
A536/17, SR256/2017
Procedural Posture
Criminal Review / Special Review After Conviction and Before Sentencing
Outcome
Matter remitted to the regional court for correction of procedure under section 113(1) of the Criminal Procedure Act.
Judges
NB Tuchten, D Nair
Legal Topics
Criminal Capacity of Children, Guilty Plea Procedure, Section 113 Criminal Procedure Act
Criminal Law Criminal Capacity of Children Guilty Plea Procedure Section 113 Criminal Procedure Act

Case Brief

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Parties

The State

Applicant

M M

Respondent

Procedural Posture

Criminal Review / Special Review After Conviction and Before Sentencing

Legal Issues

  1. 1 Whether the conviction of a child under the age of 14 can stand without proof or admission of criminal capacity.
  2. 2 What procedure should be followed when criminal capacity is not established in a guilty plea by a child accused.

Ratio Decidendi

The conviction of the accused, who was 12 years old at the time of the offence, cannot stand because there was no proof or admission of criminal capacity. The proper procedure, as set out in section 113(1) of the Criminal Procedure Act, requires the regional magistrate to record a plea of not guilty and allow the prosecution to proceed. The High Court exercises its review powers to remit the matter to the regional court for correction, rather than setting aside the conviction outright. This ensures that the accused's rights are protected and that the correct legal process is followed for child accused persons.

Court Disposition

Matter remitted to the regional court for correction of procedure under section 113(1) of the Criminal Procedure Act.

Orders

  • The case of the State v M M, case no. RC48/2017 in the regional division of Gauteng held at Tsakane, is remitted to that court with instructions to the regional magistrate under section 113(1) of the Criminal Procedure Act, 51 of 1977 to record a plea of not guilty and require the prosecutor to proceed with the...