S v Machitje (763/2008) [2009] ZAFSHC 7 (29 January 2009)

S v Machitje (763/2008) [2009] ZAFSHC 7 (29 January 2009)

The accused did not admit the intention to steal, as he stated he took the items to make a point to the complainant and returned them the same day. The magistrate failed to establish whether the accused intended to permanently deprive the complainant of her property or appropriate the items for himself. This created considerable doubt as to the accused's guilt. Accordingly, the plea of guilty was not properly recorded, and the conviction and sentence must be set aside. The matter is remitted to the magistrate to act in terms of section 113 of the Criminal Procedure Act.

Citation
[2009] ZAFSHC 7
Parties
Applicant: The State; Respondent: Sankwela Stanford Machitje
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
29 January 2009
Case Number
763/2008
Procedural Posture
Review Application / Review of Conviction and Sentence After Guilty Plea
Outcome
Conviction and sentence set aside; matter remitted to magistrate for further proceedings under section 113 of the Criminal Procedure Act.
Judges
C. H. G. Van der Merwe, A. F. Jordaan
Legal Topics
Housebreaking, Intention to Steal, Section 112 1 B Criminal Procedure Act, Section 113 Criminal Procedure Act, Section 312 1 Criminal Procedure Act
Criminal Law Housebreaking Intention to Steal Section 112 1 B Criminal Procedure Act Section 113 Criminal Procedure Act Section 312 1 Criminal Procedure Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

The State

Applicant

Sankwela Stanford Machitje

Respondent

Procedural Posture

Review Application / Review of Conviction and Sentence After Guilty Plea

Legal Issues

  1. 1 Whether the accused admitted the intention to steal required for a conviction of housebreaking with intent to steal and theft.
  2. 2 Whether the plea of guilty was properly recorded in terms of section 112(1)(b) of the Criminal Procedure Act.
  3. 3 Whether the magistrate should have recorded a plea of not guilty under section 113(1) of the Criminal Procedure Act.

Ratio Decidendi

The accused did not admit the intention to steal, as he stated he took the items to make a point to the complainant and returned them the same day. The magistrate failed to establish whether the accused intended to permanently deprive the complainant of her property or appropriate the items for himself. This created considerable doubt as to the accused's guilt. Accordingly, the plea of guilty was not properly recorded, and the conviction and sentence must be set aside. The matter is remitted to the magistrate to act in terms of section 113 of the Criminal Procedure Act.

Court Disposition

Conviction and sentence set aside; matter remitted to magistrate for further proceedings under section 113 of the Criminal Procedure Act.

Orders

  • The conviction and sentence are set aside.
  • The matter is remitted to the magistrate, who is directed to act in terms of section 113 of the Criminal Procedure Act.