S v Maja (99/2017) [2017] ZAGPPHC 883 (12 July 2017)

S v Maja (99/2017) [2017] ZAGPPHC 883 (12 July 2017)

The court found that the accused did not admit all elements of the charge of assault with intent to do grievous bodily harm, as his plea explanation only referenced throwing a stone and not stabbing with a knife. This indicated a possible defence and negated intent. The proceedings were therefore void, and the conviction and sentence on the original charge were set aside. Given that the accused had already served his sentence, the court exercised its discretion not to remit the matter to the trial court. Instead, the conviction was substituted with a finding of guilty on the lesser charge of assault, and a sentence of seven months imprisonment was imposed.

Citation
[2017] ZAGPPHC 883
Parties
Applicant: The State; Respondent: Lucky Maja
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 July 2017
Case Number
99/2017
Procedural Posture
Criminal Review / Review Judgment
Outcome
Conviction and sentence for assault with intent to do grievous bodily harm set aside; substituted with conviction for assault and sentence of seven months imprisonment.
Judges
C J Van der Westhuizen, N. Ranchod
Legal Topics
Plea Explanation, Assault With Intent to Do Grievous Bodily Harm, Section 112 1 B Criminal Procedure Act, Conviction Setting Aside, Remittal Discretion
Criminal Law Plea Explanation Assault With Intent to Do Grievous Bodily Harm Section 112 1 B Criminal Procedure Act Conviction Setting Aside Remittal Discretion

Case Brief

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Parties

The State

Applicant

Lucky Maja

Respondent

Procedural Posture

Criminal Review / Review Judgment

Legal Issues

  1. 1 Whether the accused admitted all elements of the charge of assault with intent to do grievous bodily harm.
  2. 2 Whether the plea explanation disclosed a possible defence negating intent.
  3. 3 Whether the proceedings were void due to failure to enter a plea of not guilty and proceed to prosecution.

Ratio Decidendi

The court found that the accused did not admit all elements of the charge of assault with intent to do grievous bodily harm, as his plea explanation only referenced throwing a stone and not stabbing with a knife. This indicated a possible defence and negated intent. The proceedings were therefore void, and the conviction and sentence on the original charge were set aside. Given that the accused had already served his sentence, the court exercised its discretion not to remit the matter to the trial court. Instead, the conviction was substituted with a finding of guilty on the lesser charge of assault, and a sentence of seven months imprisonment was imposed.

Court Disposition

Conviction and sentence for assault with intent to do grievous bodily harm set aside; substituted with conviction for assault and sentence of seven months imprisonment.

Orders

  • The conviction and sentence are set aside.
  • The accused is found guilty of assault.