S v May (539/2006) [2006] ZAFSHC 70 (25 May 2006)

S v May (539/2006) [2006] ZAFSHC 70 (25 May 2006)

The court found that the accused had already been convicted and sentenced for the same offence in a previous matter. The subsequent conviction and sentence in the present case were therefore irregular and not in accordance with the law. The principle of double jeopardy prohibits a person from being tried or punished twice for the same offence. Accordingly, the conviction and sentence in the second matter must be set aside.

Citation
[2006] ZAFSHC 70
Parties
Applicant: The State; Respondent: Johannes May
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 May 2006
Case Number
539/2006
Procedural Posture
Review Application / Special Review Under Section 304 a of the Criminal Procedure Act
Outcome
The conviction and sentence in the second matter are set aside.
Judges
Van Zyl, R, Milton, Wnd R
Legal Topics
Double Jeopardy, Criminal Procedure Act Section 304a, Conviction and Sentence, Theft
Criminal Law Double Jeopardy Criminal Procedure Act Section 304a Conviction and Sentence Theft

Case Brief

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Parties

The State

Applicant

Johannes May

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the accused was convicted and sentenced twice for the same offence, constituting double jeopardy.
  2. 2 Whether the conviction and sentence in the second matter should be set aside.

Ratio Decidendi

The court found that the accused had already been convicted and sentenced for the same offence in a previous matter. The subsequent conviction and sentence in the present case were therefore irregular and not in accordance with the law. The principle of double jeopardy prohibits a person from being tried or punished twice for the same offence. Accordingly, the conviction and sentence in the second matter must be set aside.

Court Disposition

The conviction and sentence in the second matter are set aside.

Orders

  • The conviction of the accused on a charge of theft on 13 January 2006 in the district court at Edenburg under case number 92/2005, as well as the confirmation of the conviction on 28 March 2006 in the regional court at Edenburg under case number SH14/2006, are set aside.