S v Mayona and Another (181/2012, 182/2012) [2012] ZAFSHC 212 (15 November 2012)

S v Mayona and Another (181/2012, 182/2012) [2012] ZAFSHC 212 (15 November 2012)

The court found that regulation 3.1.1 of the Mine Health and Safety Act remains in force and is distinct from the Trespassing Act. However, in the circumstances of these cases, the accused's conduct constituted a single continuous criminal transaction with a single intent. The convictions under both statutes amounted to impermissible duplication. Furthermore, the essential element of entering a place where machinery was erected, as required by regulation 3.1.1, was not admitted by the accused. Therefore, the convictions under regulation 3.1.1 could not stand and were set aside. The convictions and sentences under the Trespassing Act and attempted theft were confirmed.

Citation
[2012] ZAFSHC 212
Parties
Applicant: The State; Respondent: Eric Alex Mayona; Respondent: Goodman Dyantyi
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
15 November 2012
Case Number
181/2012, 182/2012
Procedural Posture
Review Application / Special Review From Magistrate's Court
Outcome
Convictions and sentences under the Trespassing Act and attempted theft confirmed; convictions and sentences under regulation 3.1.1 set aside.
Judges
Van der Merwe, Mocumie
Legal Topics
Duplication of Convictions, Trespassing Act, Mine Health and Safety Act, Statutory Offences, Criminal Procedure, Single Intent Test
Criminal Law Duplication of Convictions Trespassing Act Mine Health and Safety Act Statutory Offences Criminal Procedure Single Intent Test

Case Brief

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Parties

The State

Applicant

Eric Alex Mayona

Respondent

Goodman Dyantyi

Respondent

Procedural Posture

Review Application / Special Review From Magistrate's Court

Legal Issues

  1. 1 Whether regulation 3.1.1 of the Mine Health and Safety Act is still in force.
  2. 2 Whether charging and convicting the accused under both the Trespassing Act and regulation 3.1.1 amounts to impermissible duplication of convictions.
  3. 3 Whether the convictions under regulation 3.1.1 can stand given the admissions made by the accused.

Ratio Decidendi

The court found that regulation 3.1.1 of the Mine Health and Safety Act remains in force and is distinct from the Trespassing Act. However, in the circumstances of these cases, the accused's conduct constituted a single continuous criminal transaction with a single intent. The convictions under both statutes amounted to impermissible duplication. Furthermore, the essential element of entering a place where machinery was erected, as required by regulation 3.1.1, was not admitted by the accused. Therefore, the convictions under regulation 3.1.1 could not stand and were set aside. The convictions and sentences under the Trespassing Act and attempted theft were confirmed.

Court Disposition

Convictions and sentences under the Trespassing Act and attempted theft confirmed; convictions and sentences under regulation 3.1.1 set aside.

Orders

  • The convictions and sentences in respect of count 1 and 3 in A633/2012 are confirmed.
  • The conviction and sentence on count 4 in A633/2012 are set aside and substituted with: 'The accused is found not guilty and discharged.'