South Africa Judgment

North Gauteng High Court, Pretoria

S v Matshe (A450/17) [2017] ZAGPPHC 859 (4 September 2017)

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Professional case brief

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Source document

01

Holding and result

The court reviewed the proceedings of the magistrate's court, confirming that the accused's plea of guilty was properly entered and accepted under section 112(1)(b) of the Criminal Procedure Act. The postponement for a pre-sentencing report was appropriate given the accused's age and the nature of the offence. The review confirmed that the proceedings were conducted in accordance with justice.

Court disposition

The conviction and proceedings in the magistrate's court are confirmed as being in accordance with justice.

Orders

  • The conviction of Emily Dipou Salome Matshe for theft is confirmed.
  • The proceedings in the magistrate's court are declared to be in accordance with justice.

02

Material facts

Parties

THE STATE

Respondent

EMILY DIPOU SALOME MATSHE

Applicant

03

Procedural history

  1. Posture

    Review Application / Special Review Under Section 304 of the Criminal Procedure Act

04

Questions and positions

Legal issues

Party arguments

Applicant
The accused, Emily Dipou Salome Matshe, pleaded guilty to theft under section 112(1)(b) of the Criminal Procedure Act. She was 18 years old at the time of conviction. The proceedings were conducted in open court, and the matter was postponed for a pre-sentencing report.
Respondent
The State accepted the plea of guilty and proceeded with conviction. The postponement for a pre-sentencing report was requested to ensure proper sentencing procedures were followed.

05

Court’s reasoning

  1. 01

    Criminal Procedure Act 51 of 1977, section 304

    A special review may be conducted under section 304 of the Criminal Procedure Act to ensure proceedings are in accordance with justice.

  2. 02

    Criminal Procedure Act 51 of 1977, section 112(1)(b)

    A plea of guilty under section 112(1)(b) must be properly entered and accepted by the court.

06

Ratio, limits and disposition

Ratio decidendi

The court reviewed the proceedings of the magistrate's court, confirming that the accused's plea of guilty was properly entered and accepted under section 112(1)(b) of the Criminal Procedure Act. The postponement for a pre-sentencing report was appropriate given the accused's age and the nature of the offence. The review confirmed that the proceedings were conducted in accordance with justice.

Obiter and limits

  • The review process under section 304 serves as a safeguard to ensure that justice is done in lower courts.
  • The age of the accused and the open court proceedings were properly considered in the sentencing process.

Court disposition

The conviction and proceedings in the magistrate's court are confirmed as being in accordance with justice.

  • The conviction of Emily Dipou Salome Matshe for theft is confirmed.
  • The proceedings in the magistrate's court are declared to be in accordance with justice.

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment reading view

Judgment text

The complete available source text.

Source document

North Gauteng High Court, Pretoria

Judgment

[2017] ZAGPPHC 859

HIGH

COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

CASE NO: K258/2017

High Court ref. no. 220/2017

Magistrate Serial No: 22/2017

Not reportable

Not of interest to other judges

Revised.

2017-09-04

In the matter between:

THE

STATE

and

EMILY

DIPOU SALOME MATSHE

REVIEW

JUDGMENT

MAKGOKA, J:

[1] This is a special review in terms of section 304 of the Criminal Procedure Act 51 of 1977 (the Act). It comes before us at the

instance of the senior magistrate of the Oberholzer magistrate court, under the following circumstances.

[2] On 20 April 2017 the accused, who was stated to be 18 years old in the charge sheet, was convicted of theft, following her plea of guilty in terms of s 112 (1)(b) of the Act. The matter was postponed to 31 May 2017 for a pre­ sentencing report. The proceedings had been conducted in an open court.

I agree

_____

T. A. MAUMELA

JUDGE

OF THE HIGH COURT

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Criminal Procedure Act 51 of 1977

Legislation

Legislation referenced in the available case record.

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